BILL ANALYSIS H.B. 2584 By: Alexander 04-19-95 Committee Report (Unamended) BACKGROUND Current law, (Vernon's Texas Civil Statutes, Article 6701-19a) permits vehicles transporting solid wastes to operate under vehicle weight limits greater than those applicable to other commercial vehicles, including those transporting recyclable materials (materials which have been removed or diverted from the solid waste stream for purposes of recycling). There is an incentive to disposing of solid waste rather than recycling as a result of higher transportation costs. The state of Texas has announced a policy of encouraging recycling rather than disposal of materials wherever possible for purposes of conserving natural resources and reducing the flow of solid waste to landfills. PURPOSE This bill permits vehicles transporting only recyclable materials to operate under weight limits and bonding requirements that are precisely the same as the weight limits and bonding requirements applicable to vehicles transporting solid wastes. 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: Adds Article 6701d-19c to V.T.C.S. as follows: Sec. 1 is added to permit vehicles other than tractor-trailer combination vehicles equipped with container roll-off units and exclusively transporting recyclable materials to have a tandem-axle gross load not to exceed 44,000 lbs., a single axle gross load not to exceed 22,000 lbs., and a total vehicle gross load not to exceed 66,000 lbs. provided that such vehicles with tandem-axle gross loads exceeding 34,000 lbs, must first have a surety bond in an amount up to $15,000 set by the Texas Department of Transportation. Sec. 2 is added to prohibit operation of these vehicles with higher weight limits on the national interstate highway system and defense highways if those weights exceed federal limits set out in Title 23, U.S. Code, Section 127. If the federal limits are raised, then those new limits will automatically take effect in this state. Sec. 3 is added to indicate that (a)violation of any provisions of this act is a misdemeanor, (b)punishable by a fine not more than $200. If a person is convicted a second time of the same offense within one year the fine is not more than $500, or confinement in county jail for no more than 60 days or both. For the third and subsequent offense within one year of the second, the fine is not more than $1000 or six months in county jail or both. This section also specifies that prison times are not applicable to corporations, so the fines are doubled for them instead. SECTION 2: Effective Date: September 1, 1995 SECTION 3: Emergency Clause. 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. 2584 and recognized Representative Alexander to explain H.B. 2584. The Chair recognized the following person who testified in support of H.B. 2584. Edwin O. Fulton, Fulton Supply and Recycling. The Chair recognized the following person who testified but was neutral on H.B. 2584. Mignon McCarry, The Recycling Council of Texas. There were no witnesses testifying in opposition to H.B. 2584. The Chair left H.B. 2584 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. 2584 by Alexander, which was pending before the Committee. Representative Bosse moved that the Committee report H.B. 2584, without amendments, 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).