(a) Purpose. In accordance with Transportation Code, Chapter 623, Subchapter R, and 23 U.S.C. §127(i), the department may issue a special permit that authorizes additional weight allowances for the transportation of certain divisible loads on state highways in Texas during a major disaster declared by the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5121 et seq.). This section prescribes the requirements, restrictions, and procedures regarding this permit.
(b) Application for permit.
  (1) To obtain a Federal Disaster Relief Permit, a person must submit an application to the department.
  (2) The application shall be in a form prescribed by the department and at a minimum, will require the following:
    (A) name, customer identification number, and address of the applicant;
    (B) name, telephone number, and email address of contact person;
    (C) vehicle information, including vehicle year, make, license plate number and state of issuance, and vehicle identification number;
    (D) the applicable attestation(s); and
    (E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.
(c) Conditions and restrictions. This permit is subject to the following conditions and restrictions:
  (1) The vehicle and load must not exceed the following weight limits:
    (A) single axle--21,500 pounds;
    (B) two-axle group--43,000 pounds;
    (C) three-axle group--53,000 pounds. For the purposes of this section, a three-axle group is three consecutive axles more than 8 feet apart but less than 13 feet apart, measured from the center of the first axle to the center of the last axle in the group; and
    (D) gross weight--160,000 pounds.
  (2) The permitted vehicle must not cross a load-restricted bridge or travel on a load-restricted state highway when exceeding the posted capacity of the bridge or state highway.
  (3) Nighttime movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department
  (4) The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.
  (5) The permit does not authorize the vehicle to exceed the manufacturer's tire load rating.
  (6) The permit is not transferable from the applicant to another person or entity. Also, the permit is not transferable between vehicles.
  (7) The permit will expire 120 days after the date of the major disaster declaration.
  (8) The permit may not be used in conjunction with any other oversize or overweight permits.
  (9) If the vehicle is being used to deliver relief supplies, the entire load must consist of relief supplies, which may include, but are not limited to:
    (A) medicine and medical equipment;
    (B) food supplies (including feed for livestock);
    (C) water;
    (D) materials used to provide or construct temporary housing;
    (E) other supplies directly supporting the type of relief needed following a presidential declaration of a major disaster; and
    (F) other materials as authorized by federal law or regulation; the United States Department of Transportation, Federal Highway Administration; or the president of the United States.
  (10) If the vehicle is being used to deliver relief supplies, the permit only authorizes delivery to a destination that is part of the geographical area covered by the president's major disaster declaration.
  (11) If the vehicle is being used to transport materials from a geographical area covered by the president's major disaster declaration, the permit only authorizes loads which are necessary to facilitate the delivery of relief supplies to the geographical area covered by the president's major disaster declaration. An example of an authorized load is debris, as long as the removal of the debris expedites the clearing of roadways, staging areas, or locations for temporary structures in order to facilitate the delivery of relief supplies. However, the permit will only authorize such divisible overweight load if the permit expressly authorizes it.
(d) Copy of permit and notice of current disaster declaration. A copy of the permit and notice of the president's current major disaster declaration, including any amendments, must be kept in the permitted vehicle until the day after the date the permit expires.

Source Note: The provisions of this §219.33 adopted to be effective August 19, 2014, 39 TexReg 6235; amended to be effective January 4, 2024, 48 TexReg 8383