By Bosse H.B. No. 1047
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Texas Transportation Commission to
1-3 establish vehicle weight loads on certain roads.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5-1/2, Chapter 42, General Laws, Acts of
1-6 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 5-1/2. (a) The Texas Transportation <State Highway>
1-9 Commission shall have the power and authority upon the basis of an
1-10 engineering and traffic investigation to determine and fix the
1-11 maximum gross weight of vehicle, or combination thereof, and load
1-12 as well as the maximum axle and wheel loads, to be transported or
1-13 moved on, over or upon any State highway or any road that has been
1-14 classified by the Texas Transportation <Highway> Commission and
1-15 shown by the records of the Commission as a Farm-to-Market or
1-16 Ranch-to-Market road under the jurisdiction of the Texas
1-17 Transportation <State Highway> Commission, at less than the
1-18 maximums hereinbefore fixed by law, taking into consideration the
1-19 width, condition and type of pavement structures and other
1-20 circumstances on such road, when it is found that greater maximum
1-21 weights would tend to rapidly deteriorate or destroy the roads,
1-22 bridges or culverts along the particular road or highway sought to
1-23 be protected. Whenever the Texas Transportation <State Highway>
1-24 Commission shall determine and fix the maximum gross weight of
2-1 vehicle, or combination thereof, and load or maximum axle and wheel
2-2 loads, which may be transported or moved on, over or upon any such
2-3 State Highway or Farm-to-Market or Ranch-to-Market road at a less
2-4 weight than the respective maximums hereinbefore set forth in this
2-5 Act and shall declare such maximums by proper order of the
2-6 Commission entered on its minutes, such gross weight of vehicle, or
2-7 combination thereof, and load and maximum axles and wheel loads
2-8 shall become effective and operative on said highway or road when
2-9 appropriate signs giving notice thereof are erected under the order
2-10 of the Commission on such State highway or Farm-to-Market or
2-11 Ranch-to-Market road.
2-12 (b) The Commissioners Court of any county shall have the
2-13 same power and authority to limit the maximum weights to be
2-14 transported or moved on, over or upon any county road, bridge or
2-15 culvert that is given by this Act to the Texas Transportation
2-16 <State Highway> Commission with respect to State highways and State
2-17 Farm-to-Market and Ranch-to-Market roads. The Commissioners Court
2-18 shall exercise its authority with respect to county roads in the
2-19 same manner and under the same conditions as provided herein for
2-20 the Texas Transportation <State Highway> Commission with respect to
2-21 highways and roads under its jurisdiction, and its action shall be
2-22 entered on its minutes and become effective and operative on county
2-23 roads when appropriate signs giving notice thereof are erected on
2-24 such roads in accordance with the order of the Commissioners Court.
2-25 (c) It shall be unlawful for and constitute a misdemeanor
2-26 for any person, corporation, receiver or association to drive,
2-27 operate or move, or for the owner to cause or permit to be driven,
3-1 operated or moved, on any such highway or road any vehicle, or
3-2 combination of vehicles, which in any respect exceeds the maximum
3-3 gross weight or maximum axle or wheel loads fixed for any such
3-4 highway or road by the Texas Transportation <State Highway>
3-5 Commission or a Commissioners Court in accordance with the terms of
3-6 this Section. Any person, corporation, receiver or association who
3-7 commits the violation heretofore set out shall, upon conviction, be
3-8 subject to and punished by the same fines and penalties for the
3-9 first and subsequent offenses as are set out in Section 5 of House
3-10 Bill No. 19, Chapter 71, Acts of the Forty-seventh Legislature,
3-11 Regular Session, 1941<, (codified in Vernon's as Section 9c of
3-12 Article 827a of the Penal Code)>.
3-13 (d) Provided, however, that nothing in this Act shall in
3-14 anywise alter, amend or repeal any law of this State authorizing or
3-15 providing for special permits for weights in excess of those
3-16 provided by law or fixed under this Act.
3-17 (e) Provided, further, that this Section shall not apply to
3-18 vehicles making deliveries of groceries, <or> farm products, or
3-19 liquefied petroleum gas to destinations requiring travel over such
3-20 roads, provided however that any vehicle delivering liquefied
3-21 petroleum gas to destinations requiring travel over a county road,
3-22 bridge, or culvert shall not exceed the maximum weight limits
3-23 established under Subsection (b) of this Section; but, if for any
3-24 reason this exception is unconstitutional or invalid, it is the
3-25 intention of the Legislature to enact, and it does here and now
3-26 enact and pass, this Act without such exception; and if it be
3-27 invalid, such exception alone shall fall and be held for naught,
4-1 and the remainder of the Act shall be and remain unimpaired and it
4-2 is so enacted.
4-3 SECTION 2. This Act takes effect September 1, 1993.
4-4 SECTION 3. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.