BILL ANALYSIS



H.B. 1547
By: Swinford
04-19-95
Committee Report (Amended)


BACKGROUND

Current law, (Vernon's Texas Civil Statutes, Article 6701d-11)
allows a commercial motor vehicle carrying agricultural commodities
to obtain a permit for excess gross or axle weight.  The permit
authorizes the operation of the vehicle at a weight that exceeds
the allowable axle weight by a tolerance allowance of 10 percent
and exceeds the allowable gross weight by a tolerance of five
percent.  This agricultural permit is good for loads up to 84,000
lbs.  However, the Department determines the overall allowed weight
of the vehicle based upon the weight of the front axle alone. 
Thus, if a vehicle is only carrying 10,000 lbs. on the front axle,
the total weight may not exceed 80,000 lbs. instead of the 84,000
lbs. for which the vehicle has a permit.  

PURPOSE

As proposed, H.B. 1547 amends Article 6701d-11 to allow the vehicle
to exceed the allowable gross weight by the five percent tolerance
allowance regardless of the weight of any one axle.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 5B(b), Chapter 42, General Laws, Acts of
the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
Vernon's Texas Civil Statutes.)  Subsection (b) is amended to allow
a vehicle operating under the permit to exceed the allowable gross
weight by the entire five percent tolerance allowance regardless of
the weight of any one axle or tandem axle.

SECTION 2: Emergency clause and Effective Date as upon passage.


EXPLANATION OF AMENDMENTS

Committee Amendment #1 amends H.B. 1547 lines 17-21 by adding the
following:  A vehicle operating under the permit is authorized to
exceed the allowable gross weight by the entire five percent
tolerance allowance regardless of the weight of any one axle or
tandem axle or distance between axles, if no axle or tandem axle
exceeds the tolerance permitted by this subsection.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public  notice posted on April 7, 1995 at 5:04 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, April 12, 1995, at 2:00 p.m., or upon adjournment, in
Room E1.014 of the Capitol Extension and was called to order at
3:58 p.m. by the Chair, Representative Clyde Alexander.  The Chair
laid out H.B. 1547 and recognized Representative Swinford to
explain H.B. 1547.  Ben Boerner, Texas Grain and Feed Association. 
The Chair recognized the following person who testified but was
neutral on H.B. 1547.  Ron Hufford, Texas Forestry Association. 
The Chair left H.B. 1547 pending before the Committee.  Pursuant to
a public notice posed on April 13, 1995 at 4:14 p.m., the House
Committee on Transportation met in a public hearing on Wednesday,
April 19, 1995 at 2:00 p.m., or upon adjournment, in Room E1.014 of
the Capitol Extension and was called to order at 2:16 p.m. by the
Chair, Representative Clyde Alexander.  The Chair laid out H.B.
1547 by Swinford, which was pending before the Committee. 
Representative Siebert laid out Committee amendment #1 to H.B.
1547, and without objection, the amendment was adopted. 
Representative Siebert moved that the committee report H.B. 1547,
as amended, to the full House with the recommendation that it do
pass.  The motion prevailed by the following vote: Ayes (7), Nayes
(0), Absent (2), Present not voting (0).