(a) A person may operate a vehicle that exceeds the overall gross weight limits provided by Section 621.101 to cross the width of a highway from private property to other private property if:
(1) the vehicle is transporting grain, sand, or another commodity or product and the vehicle's overall gross weight is not heavier than 110,000 pounds; or
(2) the vehicle is an unlicensed vehicle that is transporting sand, gravel, stones, rock, caliche, or a similar commodity.
(b) Before a person may operate a vehicle under this section, the person must:
(1) contract with the Texas Department of Transportation to indemnify the Texas Department of Transportation for the cost of the maintenance and repair for damage caused by a vehicle crossing that part of the highway; and
(2) execute an adequate surety bond to compensate for the cost of maintenance and repair, approved by the Texas Department of Transportation, with a corporate surety authorized to do business in this state, conditioned on the person fulfilling each obligation of the agreement.