BILL ANALYSIS H.B. 1547 By: Swinford (Bivins) State Affairs 5-22-95 Senate Committee Report (Amended) BACKGROUND Current law allows commercial motor vehicles 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 of up to 84,000 pounds. However, the Texas Department of Transportation 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 pounds on the front axle, the total weight may not exceed 80,000 pounds instead of the 84,000 pounds for which the vehicle has a permit. PURPOSE As proposed, H.B. 1547 authorizes a 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 grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5B(b), Article 6701d-11, V.T.C.S., to authorize a vehicle operating under a permit to authorize a commercial motor vehicle carrying agricultural commodities 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. SECTION 2. Amends Section 5, Article 6701d-12, V.T.C.S., to redefine "vehicles used exclusively to transport ready-mixed concrete." SECTION 3. Amends Section 2, Article 6701d-13, V.T.C.S., to make a conforming change. SECTION 4. Amends Section 2, Article 6701d-17, V.T.C.S., to make a conforming change. SECTION 5. Makes application of this Act prospective. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause.