The bond is payable to the counties, and it can end the permit
Section 623.012 is the provision that gives the Texas permit its shape, and it is a county instrument rather than a state one. An applicant for a § 623.011 permit — other than one to operate a vehicle loaded with timber or pulp wood, wood chips, cotton, or agricultural products in their natural state — must file with the department either a blanket bond or an irrevocable letter of credit issued by a financial institution whose deposits are guaranteed by the Federal Deposit Insurance Corporation.
Aggregate is not on that exemption list. A dump operator hauling sand, gravel or crushed stone under a tolerance permit files the security; a timber hauler under the same section does not.
The terms are specific. Under subsection (b) the bond or letter of credit must be in the amount of fifteen thousand dollars payable to the counties of this state, conditioned that the applicant will pay a county for any damage to a county road or bridge caused by operating the permitted vehicle at a heavier weight than the maximum authorized under Subchapter B of Chapter 621 or § 621.301 or § 623.321, and must provide that the issuer will notify the county and the applicant in writing promptly after a payment is made.
Then comes the replacement clock that catches operators by surprise. Subsection (c) requires the permit holder, if the issuer pays out, to file with the department before the thirty-first day after the payment either a replacement bond or letter of credit in the full amount, or a notification from the existing issuer that the instrument has been restored to that amount. Subsection (d) supplies the penalty for missing that deadline: “each permit held by the permit holder under Section 623.011 automatically expires on the 31st day after the date on which the payment is made.” One road-damage claim, unreplenished for a month, terminates every tolerance permit in the fleet at once.
The counties are given the tools to use it. Section 623.013 requires the department to publish on its website a searchable and downloadable list by county of each § 623.011 permit, including the permit holder’s name and address, the vehicle identification and license plate numbers, the permit number and the effective date, and to send a county a copy of the permit and the security instrument on request. Section 623.016 then confines a county’s recovery route to a suit against the permit holder and the issuer, with venue in the county where the defendant resides, where it has its principal Texas place of business, or where the damage occurred.