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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