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).