(a) Purpose. This section prescribes the requirements, restrictions, and procedures regarding the annual permit for transporting fluid milk under the provisions of Transportation Code, Chapter 623, Subchapter V.
(b) Application for permit.
  (1) To qualify for a fluid milk transport 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) a list of counties in which the vehicle will be operated; and
    (E) applicant's USDOT Number if applicant is required by law to have a USDOT Number.
  (3) The application shall be accompanied by the total annual permit fee of $1,200.
(c) Issuance and placement of permit and windshield sticker; restrictions.
  (1) A permit and a windshield sticker will be issued once the application is approved, and each will be mailed to the applicant at the address contained in the application.
  (2) The windshield sticker shall be affixed to the inside of the windshield of the vehicle in accordance with the diagram printed on the back of the sticker and in a manner that will not obstruct the vision of the driver. Any attempt to remove the sticker from the windshield will render the sticker void and will require a new permit and sticker.
  (3) A replacement sticker for a lost, stolen, or mutilated windshield sticker may be issued, provided that the permittee submits a request on a form approved by the department which shall include a statement, signed by the permittee, affirming that the sticker was lost, stolen, or mutilated. The replacement sticker shall only be valid for the permitted vehicle.
(d) Amendments. An annual permit issued under this section will not be amended except in the case of department error.
(e) Transfer of permit. A permit issued under this section may only be transferred once during the term of the permit from one vehicle to another vehicle in the permittee's fleet provided:
  (1) the permitted vehicle is destroyed or otherwise becomes permanently inoperable, to an extent that it will no longer be utilized, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been surrendered to the department; or
  (2) the title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof that the negotiable title or other qualifying documentation, as determined by the department, has been transferred from the permittee.
(f) Termination of permit. An annual permit issued under this section will automatically terminate, and the windshield sticker must be removed from the vehicle:
  (1) on the expiration of the permit;
  (2) when the lease of the vehicle expires;
  (3) on the sale or other transfer of ownership of the vehicle for which the permit was issued; or
  (4) on the dissolution or termination of the partnership, corporation, or other legal entity to which the permit was issued.
(g) Curfew restrictions. The operator of a permitted vehicle must observe the curfew movement restrictions published by the department.
(h) Construction or maintenance areas.
  (1) The permitted vehicle may not travel through any state highway construction or maintenance area if prohibited by the construction restrictions published by the department.
  (2) The permittee is responsible for contacting the appropriate local jurisdiction for construction or maintenance restrictions on non-state maintained roadways.
(i) Nighttime movement. Nighttime movement is allowed under this permit, unless prohibited by the curfew movement restrictions published by the department.
(j) Manufacturer's tire load rating. Permits issued under this section do not authorize the vehicle to exceed the manufacturer's tire load rating.
(k) A truck-tractor and semitrailer combination is only eligible for a permit issued under this section if the truck-tractor is equipped with truck blind spot systems, and each vehicle in the combination is equipped with a roll stability support safety system.

Source Note: The provisions of this §219.35 adopted to be effective January 1, 2018, 42 TexReg 7730; amended to be effective July 15, 2018, 43 TexReg 4769; amended to be effective January 4, 2024, 48 TexReg 8383; amended to be effective July 18, 2024, 49 TexReg 5161