1-1 By: Bosse (Senate Sponsor - Sibley) H.B. No. 1047
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on State
1-4 Affairs; May 26, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 26, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the authority of the Texas Transportation Commission to
1-24 establish vehicle weight loads on certain roads.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 5-1/2, Chapter 42, General Laws, Acts of
1-27 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
1-28 Vernon's Texas Civil Statutes), is amended to read as follows:
1-29 Sec. 5-1/2. (a) The Texas Transportation <State Highway>
1-30 Commission shall have the power and authority upon the basis of an
1-31 engineering and traffic investigation to determine and fix the
1-32 maximum gross weight of vehicle, or combination thereof, and load
1-33 as well as the maximum axle and wheel loads, to be transported or
1-34 moved on, over or upon any State highway or any road that has been
1-35 classified by the Texas Transportation <Highway> Commission and
1-36 shown by the records of the Commission as a Farm-to-Market or
1-37 Ranch-to-Market road under the jurisdiction of the Texas
1-38 Transportation <State Highway> Commission, at less than the
1-39 maximums hereinbefore fixed by law, taking into consideration the
1-40 width, condition and type of pavement structures and other
1-41 circumstances on such road, when it is found that greater maximum
1-42 weights would tend to rapidly deteriorate or destroy the roads,
1-43 bridges or culverts along the particular road or highway sought to
1-44 be protected. Whenever the Texas Transportation <State Highway>
1-45 Commission shall determine and fix the maximum gross weight of
1-46 vehicle, or combination thereof, and load or maximum axle and wheel
1-47 loads, which may be transported or moved on, over or upon any such
1-48 State Highway or Farm-to-Market or Ranch-to-Market road at a less
1-49 weight than the respective maximums hereinbefore set forth in this
1-50 Act and shall declare such maximums by proper order of the
1-51 Commission entered on its minutes, such gross weight of vehicle, or
1-52 combination thereof, and load and maximum axles and wheel loads
1-53 shall become effective and operative on said highway or road when
1-54 appropriate signs giving notice thereof are erected under the order
1-55 of the Commission on such State highway or Farm-to-Market or
1-56 Ranch-to-Market road.
1-57 (b) The Commissioners Court of any county shall have the
1-58 same power and authority to limit the maximum weights to be
1-59 transported or moved on, over or upon any county road, bridge or
1-60 culvert that is given by this Act to the Texas Transportation
1-61 <State Highway> Commission with respect to State highways and State
1-62 Farm-to-Market and Ranch-to-Market roads. The Commissioners Court
1-63 shall exercise its authority with respect to county roads in the
1-64 same manner and under the same conditions as provided herein for
1-65 the Texas Transportation <State Highway> Commission with respect to
1-66 highways and roads under its jurisdiction, and its action shall be
1-67 entered on its minutes and become effective and operative on county
1-68 roads when appropriate signs giving notice thereof are erected on
2-1 such roads in accordance with the order of the Commissioners Court.
2-2 (c) It shall be unlawful for and constitute a misdemeanor
2-3 for any person, corporation, receiver or association to drive,
2-4 operate or move, or for the owner to cause or permit to be driven,
2-5 operated or moved, on any such highway or road any vehicle, or
2-6 combination of vehicles, which in any respect exceeds the maximum
2-7 gross weight or maximum axle or wheel loads fixed for any such
2-8 highway or road by the Texas Transportation <State Highway>
2-9 Commission or a Commissioners Court in accordance with the terms of
2-10 this Section. Any person, corporation, receiver or association who
2-11 commits the violation heretofore set out shall, upon conviction, be
2-12 subject to and punished by the same fines and penalties for the
2-13 first and subsequent offenses as are set out in Section 5 of House
2-14 Bill No. 19, Chapter 71, Acts of the Forty-seventh Legislature,
2-15 Regular Session, 1941<, (codified in Vernon's as Section 9c of
2-16 Article 827a of the Penal Code)>.
2-17 (d) Provided, however, that nothing in this Act shall in
2-18 anywise alter, amend or repeal any law of this State authorizing or
2-19 providing for special permits for weights in excess of those
2-20 provided by law or fixed under this Act.
2-21 (e) Provided, further, that this Section shall not apply to
2-22 vehicles making deliveries of groceries, <or> farm products, or
2-23 liquefied petroleum gas to destinations requiring travel over such
2-24 roads, provided however that any vehicle delivering liquefied
2-25 petroleum gas to destinations requiring travel over a county road,
2-26 bridge, or culvert shall not exceed the maximum weight limits
2-27 established under Subsection (b) of this Section; but, if for any
2-28 reason this exception is unconstitutional or invalid, it is the
2-29 intention of the Legislature to enact, and it does here and now
2-30 enact and pass, this Act without such exception; and if it be
2-31 invalid, such exception alone shall fall and be held for naught,
2-32 and the remainder of the Act shall be and remain unimpaired and it
2-33 is so enacted.
2-34 SECTION 2. This Act takes effect September 1, 1993.
2-35 SECTION 3. The importance of this legislation and the
2-36 crowded condition of the calendars in both houses create an
2-37 emergency and an imperative public necessity that the
2-38 constitutional rule requiring bills to be read on three several
2-39 days in each house be suspended, and this rule is hereby suspended.
2-40 * * * * *
2-41 Austin,
2-42 Texas
2-43 May 26, 1993
2-44 Hon. Bob Bullock
2-45 President of the Senate
2-46 Sir:
2-47 We, your Committee on State Affairs to which was referred H.B.
2-48 No. 1047, have had the same under consideration, and I am
2-49 instructed to report it back to the Senate with the recommendation
2-50 that it do pass and be printed.
2-51 Harris of
2-52 Dallas, Chairman
2-53 * * * * *
2-54 WITNESSES
2-55 FOR AGAINST ON
2-56 ___________________________________________________________________
2-57 Name: John Danks x
2-58 Representing: Texas Propane Gas Assn.
2-59 City: Austin
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