By Campbell H.B. No. 2683
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to load and weight limits on highways and roads; providing
1-3 civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.301(a)(1), County Road and Bridge Act
1-6 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 (1) The commissioners court of any county may, subject
1-9 to and consistent with the provisions, Chapter 42, General Laws,
1-10 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
1-11 6701d-11, Vernon's Texas Civil Statutes), regulate and restrict
1-12 traffic on county roads and on other county-owned land under its
1-13 jurisdiction.
1-14 SECTION 2. Section 2.301(b)(2), County Road and Bridge Act
1-15 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
1-16 as follows:
1-17 (2) The commissioners court may, subject to and
1-18 consistent with the provisions of Chapter 42, General Laws, Acts of
1-19 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
1-20 Vernon's Texas Civil Statutes), establish load limits for any road
1-21 or bridge and may authorize the county traffic officer, if one or
1-22 more officers have been appointed, or any sheriff, deputy sheriff,
1-23 constable, or deputy constable to weigh vehicles for the purpose of
2-1 ascertaining whether a vehicle is loaded in excess of the
2-2 prescribed limit.
2-3 SECTION 3. Section 2.301(i), County Road and Bridge Act
2-4 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
2-5 as follows:
2-6 (i) Subject to and except as provided by Chapter 42, General
2-7 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
2-8 (Article 6701d-11, Vernon's Texas Civil Statutes), the <The>
2-9 owners, operators, drivers, or movers of any vehicle, object, or
2-10 contrivance over a public highway or bridge are jointly and
2-11 severally responsible for all damages that the highway or bridge
2-12 may sustain as the result of negligent driving, operating, or
2-13 moving of the vehicle or as a result of operating the vehicle at a
2-14 time forbidden by the road officials; the amount of the damages may
2-15 be recovered in any action at law by the county judge for the use
2-16 of the county for the benefit of the damaged road; the county
2-17 attorney shall represent the county in the suit.
2-18 SECTION 4. Section 2(b)(1), Chapter 42, General Laws, Acts
2-19 of the 41st Legislature, 2nd Called Session, 1929 (Article
2-20 6701d-11, Vernon's Texas Civil Statutes), is amended to read as
2-21 follows:
2-22 (1) The Commissioners Courts through the County Judges
2-23 of the several counties of this State may issue permits limited to
2-24 periods of ninety (90) days or less for the transportation over
2-25 highways of their respective counties other than State highways and
3-1 public roads within the boundaries of an incorporated municipality
3-2 of<,> overweight or oversize or overlength commodities which cannot
3-3 be reasonably dismantled, or for the operation over these highways
3-4 of <superheavy or oversized equipment for the transportation of
3-5 oversize or overweight or overlength commodities which cannot be
3-6 reasonably dismantled or for the operation over these highways of
3-7 vehicles or combinations of> vehicles or combinations of vehicles
3-8 that exceed the weights authorized under Section 5 or Section 5-1/2
3-9 of this Act or under the County Road and Bridge Act (Article
3-10 6702-1, Vernon's Texas Civil Statutes). If a vehicle has a permit
3-11 issued under Section 5B of this Act, a county and its commissioners
3-12 court may not:
3-13 (A) regulate or restrict the operation of the
3-14 vehicle;
3-15 (B) issue permits for the vehicle;
3-16 (C) impose a road use fee on the vehicle;
3-17 (D) require the owner or operator of the vehicle
3-18 to execute a road use or indemnity agreement;
3-19 (E) require the owner or operator of the vehicle
3-20 to make filings or applications with the county commissioners
3-21 court;
3-22 (F) require the owner or operator of the vehicle
3-23 to pay bills, charges, assessments, or fees or to furnish labor for
3-24 the construction or repair of a county's roads or bridges, except
3-25 as provided by Subdivision (5) of this subsection; or
4-1 (G) require the owner or operator of the vehicle
4-2 to provide a bond or letter of credit except as provided by Section
4-3 5B of this Act <issue a permit under this subsection, charge any
4-4 additional fee for, or otherwise regulate or restrict the operation
4-5 of the vehicle with a gross weight or axle weight that exceeds the
4-6 weights authorized by Section 5 or Section 5-1/2 of this Act or
4-7 require the owner or operator to execute or comply with a road use
4-8 agreement or indemnity agreement, to make any filings or
4-9 applications, or to provide a bond or letter of credit other than
4-10 the bond or letter of credit provided for in Section 5B>.
4-11 SECTION 5. Section 2(b)(2), Chapter 42, General Laws, Acts
4-12 of the 41st Legislature, 2nd Called Session, 1929 (Article
4-13 6701d-11, Vernon's Texas Civil Statutes), is amended to read as
4-14 follows:
4-15 (2) Not later than the 14th day after the date a
4-16 person receives a permit under Section 5B of this Act, the person
4-17 shall notify by certified or registered mail, return receipt
4-18 requested, the county clerk of each county in which the person
4-19 intends to operate or cause to be operated the vehicle. The
4-20 notification must include:
4-21 (A) the name and address of the registered owner
4-22 or operator of the vehicle;
4-23 (B) the vehicle identification number and
4-24 license plate number of the vehicle;
4-25 (C) a statement that the person intends to
5-1 operate or cause to be operated the vehicle on, over, or across the
5-2 county roads<, bridges, and culverts> with a gross weight, axle
5-3 weight, or wheel load that exceeds the limitations established
5-4 under Section 5 or Section 5-1/2 of this Act or under the County
5-5 Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
5-6 Statutes); and
5-7 (D) a statement that the notification is given
5-8 pursuant to this subsection.
5-9 SECTION 6. Section 2(b)(5), Chapter 42, General Laws, Acts
5-10 of the 41st Legislature, 2nd Called Session, 1929 (Article
5-11 6701d-11, Vernon's Texas Civil Statutes), is amended to read as
5-12 follows:
5-13 (5) The owner or operator of a vehicle that has a
5-14 permit issued under Section 5B of this Act, who has filed the bond
5-15 or letter of credit required under Section 5B of this Act, and who
5-16 has submitted <filed> the notification required by this subsection
5-17 is liable to the county only for the actual damages to the county
5-18 roads, bridges, or culverts with load limitations established under
5-19 Section 5 or Section 5-1/2 of this Act or under the County Road and
5-20 Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes) caused
5-21 by the operation of the vehicle in excess of those limitations.
5-22 Each county shall have the right to restrict or prohibit the
5-23 operation of vehicles weighing in excess of posted weight limits,
5-24 notwithstanding their having obtained permits under Section 5B of
5-25 this Act, in school zones, road construction areas, and other areas
6-1 in which traffic is temporarily or periodically subject to the
6-2 control of personnel on site or to speed limits lower than normal
6-3 posted limits. <If a County Judge, County Commissioner, County
6-4 Road Supervisor, or County Traffic Officer requires such vehicle to
6-5 travel over a designated route, it shall be presumed that such
6-6 designated route, including any bridges or culverts located thereon
6-7 is of sufficient strength and design to carry and withstand the
6-8 weight of the vehicle traveling over such designated route.>
6-9 SECTION 7. Section 2(b)(7), Chapter 42, General Laws, Acts
6-10 of the 41st Legislature, 2nd Called Session, 1929 (Article
6-11 6701d-11, Vernon's Texas Civil Statutes), is amended to read as
6-12 follows:
6-13 (7) A County Judge may, in the same manner provided
6-14 under Subdivision (1) of this section, issue an annual permit to a
6-15 dealer in implements of husbandry to allow the dealer to use
6-16 vehicles that exceed the width limitations in this Act or width
6-17 limitations under the County Road and Bridge Act (Article 6702-1,
6-18 Vernon's Texas Civil Statutes) and are not exempt under Subdivision
6-19 (5) of Subsection (a) of Section 3 of this Act to transport the
6-20 implements on the highways. A County Judge may exercise authority
6-21 independently of the Commissioners Court until the Commissioners
6-22 Court takes action on each request.
6-23 SECTION 8. Section 5B(c), Chapter 42, General Laws, Acts of
6-24 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
6-25 Vernon's Texas Civil Statutes), is amended to read as follows:
7-1 (c) This section does not authorize:
7-2 (A) the operation on the national system of interstate and
7-3 defense highways in this state of vehicles with a weight greater
7-4 than authorized by federal law, or
7-5 (B) the crossing of bridges or culverts by vehicles with a
7-6 weight greater than any posted weight limit for such bridges or
7-7 culverts established under Section 5 1/2 of this Act or under the
7-8 County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
7-9 Statutes).
7-10 SECTION 9. Section 5B(e), Chapter 42, General Laws, Acts of
7-11 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
7-12 Vernon's Texas Civil Statutes), is amended to read as follows:
7-13 (e) The permit is valid for one year and must be carried in
7-14 the vehicle. The fee for the permit is <$75> $100. The applicant
7-15 for a permit shall submit with its application a statement of the
7-16 counties in which the applicant intends to operate the vehicle for
7-17 which the permit is to be issued. The state treasurer shall remit
7-18 <$50 of each> the permit fee for such vehicle to <the> such
7-19 counties <of the state> with such amount to be distributed among
7-20 <the various> such counties based on the ratio of the total number
7-21 of miles of county roads maintained by <a> each such county to the
7-22 total number of miles of county roads maintained by all of <the>
7-23 such counties <of this state>. The state treasurer shall remit the
7-24 sums due each county under this subsection to the county treasurer
7-25 or officer performing the function of that office of the county at
8-1 least twice in each fiscal year. The county treasurer or officer
8-2 shall deposit such amounts in the county depository of his county
8-3 to the credit of the County Road and Bridge Fund.
8-4 SECTION 10. Section 5B(g), Chapter 42, General Laws, Acts of
8-5 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
8-6 Vernon's Texas Civil Statutes), is amended to read as follows:
8-7 (g) An applicant for a permit under this section, other than
8-8 an applicant who intends to operate a vehicle that is loaded with
8-9 timber or pulp wood, wood chips, cotton, or agricultural products
8-10 in their natural state, shall file with the department an
8-11 irrevocable letter of credit issued by a financial institution
8-12 whose deposits are guaranteed by the Federal Deposit Insurance
8-13 Corporation or a blanket bond in the amount of <$15,000> $20,000
8-14 payable to the department and to the counties of this state and
8-15 conditioned that the applicant will pay to the department for any
8-16 damage to a state highway and will pay to a county for any damage
8-17 to a road or bridge of such county caused by the operation of any
8-18 vehicle for which a permit is issued with a gross weight or axle
8-19 weight that exceeds the weights authorized by Section 5 or Section
8-20 5-1/2 of this Act or by the County Road and Bridge Act (Article
8-21 6702-1, Vernon's Texas Civil Statutes). The bond or letter of
8-22 credit shall include an undertaking by the issuer to notify the
8-23 department and the applicant in writing promptly after any payment
8-24 is made by the issuer in respect of the bond or letter of credit.
8-25 If payment is made by the issuer in respect of the bond or letter
9-1 of credit and the applicant does not file with the department a
9-2 replacement bond or letter of credit in the full amount of
9-3 <$15,000> $20,000, or a notification from the issuer of the
9-4 existing bond or letter of credit that the existing bond or letter
9-5 of credit has been restored to the full <$15,000> $20,000, within
9-6 30 days after the date of such payment, then all permits held by
9-7 the applicant under this section shall automatically expire.
9-8 SECTION 11. Section 1, Chapter 42, General Laws, Acts of the
9-9 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
9-10 Vernon's Texas Civil Statutes), is amended by adding Subdivision
9-11 (8) to read as follows:
9-12 (8) "Person." Any natural person, corporation, trust,
9-13 partnership, limited partnership, joint venture, association, or
9-14 other entity.
9-15 SECTION 12. Chapter 1A, Title 116, Revised Statutes, is
9-16 amended by adding Article 6701d-26 to read as follows:
9-17 Art. 6701d-26. Administrative Penalties for Overweight
9-18 Vehicles
9-19 Sec. 1. Definitions. In this article:
9-20 (1) "Flagrant violator" means a person who operates a
9-21 vehicle or combination of vehicles on a state or county highway or
9-22 road with a weight of at least 25 percent greater than the maximum
9-23 legal load or gross weight for the vehicle or combination of
9-24 vehicles.
9-25 (2) "Habitual violator" means a person who has been
10-1 convicted of or who has paid assessments under this article for 10
10-2 or more violations per truck licensed and operatoring for load or
10-3 weight limitations occurring on state or county highways or roads
10-4 within the 12 months immediately preceding the date of an alleged
10-5 subsequent violation of a load or weight limitation.
10-6 (3) "Load or weight limitation" includes, for a person
10-7 operating under a permit issued under Section 5B, Chapter 42,
10-8 General Laws, Acts of the 41st Legislature, 2nd Called Session,
10-9 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), the
10-10 tolerance allowed under the permit.
10-11 (4) "Person" has the meaning assigned by Section 1,
10-12 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
10-13 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes).
10-14 Sec. 2. Application of Article. (a) This article applies
10-15 to all load or weight violations on a state or county highway or
10-16 road, including violations of:
10-17 (1) Chapter 42, General Laws, Acts of the 41st
10-18 Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
10-19 Texas Civil Statutes);
10-20 (2) Chapter 293, Acts of the 53rd Legislature, Regular
10-21 Session, 1953 (Article 6701d-12, Vernon's Texas Civil Statutes);
10-22 (3) Chapter 608, Acts of the 65th Legislature, Regular
10-23 Session, 1977 (Article 6701d-12a, Vernon's Texas Civil Statutes);
10-24 (4) Chapter 966, Acts of the 68th Legislature, Regular
10-25 Session, 1983 (Article 6701d-19a, Vernon's Texas Civil Statutes);
11-1 and
11-2 (5) any other statute prescribing a load or weight
11-3 limitation applicable to a road or highway.
11-4 (b) A person who makes as a condition of doing business a
11-5 violation of a load or weight limitation subject to this article is
11-6 liable to the state for a civil assessment equal to that paid by
11-7 the registered owner or operator of the motor vehicle.
11-8 Sec. 3. Subject to Civil Assessment. A person who is a
11-9 flagrant violator who at the time of a load or weight violation
11-10 involved is a habitual violator of load or weight limitations is
11-11 liable to the state for a civil assessment not to exceed $10,000.
11-12 The attorney general shall make the assessment based on all the
11-13 factors involved in the violation including the number of previous
11-14 violations the offender has committed, the amount in excess of
11-15 weight or load limits, the ability of the offender to make payment,
11-16 and the cargo being transported. The assessment provided in this
11-17 article shall be in addition to all other fines, penalties, and
11-18 damages for which the person may be liable.
11-19 Sec. 4. Citation. (a) A person who weighs a vehicle under
11-20 Section 6, Chapter 42, General Laws, Acts of the 41st Legislature,
11-21 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
11-22 Statutes), and has probable cause to believe that a load or weight
11-23 violation has occurred shall issue a citation to the operator
11-24 concerning:
11-25 (1) the date, time, location, and nature of the
12-1 violation;
12-2 (2) the name and address of the registered owner and
12-3 the operator of the motor vehicle, the lessee, if any, of the motor
12-4 vehicle, the license plate number of the vehicle, and the
12-5 operator's license number; and
12-6 (3) the amount by which the motor vehicle is alleged
12-7 to have exceeded the weight or load limits.
12-8 (b) Not later than the 20th day after the date of the
12-9 violation, the officer shall deliver to the attorney general a
12-10 sworn copy of the citation.
12-11 (c) After determining whether the violation is subject to
12-12 civil penalties and the amount of a civil assessment, the attorney
12-13 general shall send by certified mail, return receipt requested, to
12-14 the person who is the registered owner of each vehicle for which an
12-15 assessment is due and, if the vehicle is leased, to the lessee of
12-16 the vehicle, notice of the amount of the assessment. The notice
12-17 must state that:
12-18 (1) payment of the assessment is due not later than
12-19 the 20th day after the date notice is received, with payment made
12-20 to the state through the attorney general; and
12-21 (2) if the assessment is not paid in the required
12-22 period, the attorney general will institute a suit to collect the
12-23 assessment.
12-24 (d) Venue for a suit brought by the attorney general to
12-25 collect a civil assessment imposed under this article is in the
13-1 county in which the defendant resides, or the county in which the
13-2 defendant's principal place of business is located.
13-3 Sec. 5. Contest of Assessment. (a) A person who is given
13-4 notice of an assessment provided for by this article may, not later
13-5 than the 20th day after receiving notice of the assessment, contest
13-6 the validity of the assessment by filing an original proceeding in
13-7 a court of competent jurisdiction. A proceeding under this section
13-8 is a trial de novo. The filing of a proceeding under this
13-9 subsection abates the assessment in question until a final judgment
13-10 is entered in the proceeding.
13-11 (b) Venue for a suit brought by a person to contest the
13-12 validity of an assessment is in the county in which the person
13-13 resides or has the person's principal place of business.
13-14 Sec. 6. Notice of Evidence of Assessment. The notice sent
13-15 by the attorney general under Section 5 of this article, showing
13-16 the amount of the assessment, constitutes a certification of the
13-17 amount owed and prima facie evidence of liability for and the
13-18 amount of the assessment.
13-19 Sec. 7. Distribution of Funds. All civil assessments
13-20 collected under this article shall be sent to the comptroller of
13-21 public accounts monthly in a manner and form prescribed by the
13-22 comptroller. The comptroller shall:
13-23 (1) deposit 10% of the monthly total in a special
13-24 account in the general revenue fund that may be appropriated only
13-25 to the attorney general for payment of expenses incurred in the
14-1 administration of this article; and
14-2 (2) remit the remaining 90% of the monthly total to the
14-3 counties which have been designated by the permit applicants as set
14-4 forth in Section 5B(e) of this Act during the year the final
14-5 violation resulting in a civil assessment occurred, with such
14-6 amount to be distributed among such counties based on the ratio of
14-7 the total number of miles of county roads maintained by all such
14-8 counties. The comptroller shall remit the sums due each county
14-9 under this subsection to the county treasurer or officer performing
14-10 the function of that office of the county on a monthly basis. The
14-11 county treasurer or officer shall deposit such amounts in the
14-12 county depository of his county to the credit of the County Road
14-13 and Bridge Fund.
14-14 SECTION 13. The civil penalties provided by Article
14-15 6701d-26, Revised Statutes, as added by this Act, apply only to a
14-16 load or weight violation on a state or county highway or road that
14-17 occurs on or after the effective date of this Act. A load or
14-18 weight violation that occurred before the effective date of this
14-19 Act is governed by the law as it existed at the time the violation
14-20 occurred, and the former law is continued in effect for that
14-21 purpose.
14-22 SECTION 14. The importance of this legislation and the
14-23 crowded condition of the calendars in both houses create an
14-24 emergency and an imperative public necessity that the
14-25 constitutional rule requiring bills to be read on three several
15-1 days in each house be suspended, and this rule is hereby suspended.