Issue Date:
Revised Date: 2016-09-01

Legal Cites

Object Type

Cash — Transportation

Origin Date

1953 by the 53rd Leg; 1995 by H.B. 1547, 74th Leg., R.S.

Description

1) A permit for excess weight vehicles is valid for one year and is a base fee of $90. If a vehicle is in excess of its registered gross weight, additional fees are required to be paid to the nearest local assessor to increase the registered gross weight to the actual weight. $50 of the base fee is retained by the counties and $40 remitted to the state.

2) Additional fees depending on how many counties the vehicle will be operating. Transportation Code sec. 623.0111 includes a table allocating a portion of the fee amounts to General Revenue, and allocation of the remainder as 90% to the State Highway Fund 0006 and 10% to the Department of Motor Vehicles Fund 0010:

Number of Counties Fee General Revenue (0001)  State Highway Fund (0006)  Department of Motor Vehicles Fund (0010)
 1 - 5  $175.00 $125.00 $45.00 $5.00
  6 - 20  $250.00 $125.00 $112.50 $12.50
 21 - 40  $450.00 $345.00 $94.50 $10.50
41 - 60  $625.00 $565.00 $54.00 $6.00
61 - 80  $800.00 $785.00 $13.50 $1.50
 81 - 100  $900.00 $900.00 $0.00 $0.00
101 - 254  $1,000.00 $1,000.00 $0.00 $0.00

 

3) In addition, an administrative fee as set by rule to cover costs is required.

4) Violations punishable by fines for vehicles over gross weight and single or tandem axle weight that is over the allowable weight. For fines on vehicles more than 5,000 overweight, 50% of the fine to General Revenue and 50% to municipal or county treasury. If the offense occurred within 20 miles of an international border, the entire amount is deposited in the municipal or county treasury.

For single axle or tandem axle weight heavier than vehicle's allowable weight:

Pounds Overweight Fine Range
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000
more than 5,000 $1,000 to $2,500

For vehicles over gross weight:

Pounds Overweight Fine Range
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000
5,001-10,000 $1,000 to $2,500
10,001-20,000 $2,500 to $5,000
20,001-40,000 $5,000 to $7,000
more than 40,000 $7,000 to $10,000

Other violations for overweight include a misdemeanor fine between $100 and $250. Operation of a vehicle without the required permit is $500 to $1,000 and for second/subsequent offenses with a fine up to $5,000.

Due Date

1), 2) and 3) At the time permit is issued and at the time the vehicle is weighed and the excess weight is determined. 4) At time of conviction.

Collecting Agencies

  • 1), 2) and 3) Collected by Department of Motor Vehicles or County Tax Assessor-Collector.
    4) Various governmental entities.

Note

If fees are collected by a county other than the county in which the vehicle owner resides, the fee is remitted to the Texas Department of Motor Vehicles, Agency 608.

Codified and amendments by Acts 1995 74th Leg., ch. 165 § 1 and ch. 624, § 7.

Recodified and new sections added by Acts 1997, 75th Leg., ch 165, § 30.138(b).

Collecting agency changed from Texas Department of Transportation (601) by H.B. 3097, 81st Leg., R.S

Base fee increased from $75 to $90 and Fund 0006 split increased from $25 to $40 by H.B. 441, 82nd Leg., R.S.

Fine tables added by H.B. 2741, 83rd Leg., R.S.

Prior to H.B. 2202, 83rd Leg., R.S., $40 of the fee under (1) and the remainder of the fee under (2), after the General Revenue allocation was deposited to the State Highway Fund 0006. H.B. 2202 changed the deposit of the $40 under (1) and allocated 10% of the remainder under (2) to the Department of Motor Vehicles Fund. However, the Department of Motor Vehicles Fund was not created per funds consolidation (H.B. 6). Therefore the $40 and 10% allocation were deposited to General Revenue 0001 beginning fiscal 2014.

S.B. 1512, 84th Leg., R.S. recreated the Texas Department of Motor Vehicles Fund and it was exempted by H.B. 6, 84th Leg., R.S. Deposit of the $40 and 10% changed from General Revenue to Texas Department of Motor Vehicles Fund (0010). Effective 9/1/16.

USAS Values

Appropriation Year 17
USAS Title SPECIAL VEHICLE PERMITS
Receipt Category 01 – Transportation
Receipt Type 20 – Non-Commercial Licenses and Permits
Object Group 30 – Revenues
USAS Status A
Rev/Exp Category 01 – LICENSES, FEES, FINES, AND PENALTIES