BILL ANALYSIS


                                                        H.B. 2584
                                             By: Alexander (Cain)
                                                    State Affairs
                                                          5-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law permits vehicles transporting solid wastes to operate
under vehicle weight limits greater than those applicable to other
commercial vehicles, including those transporting materials which
have been removed or diverted from the solid waste stream for
purposes of recycling.  The higher transportation costs may create
an incentive to dispose of solid waste rather than to recycle it.

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

As proposed, H.B. 2584 authorizes vehicles transporting only
recyclable materials to operate under weight limits and bonding
requirements that are 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 116, V.T.C.S, by adding Article 6701d-19c,
as follows:

        Art. 67013-19c.  WEIGHT OF VEHICLES TRANSPORTING 
                       RECYCLABLE MATERIALS

     Sec. 1.  Authorizes, with certain provisos and exceptions,
     vehicles equipped with container roll-off units and
     exclusively transporting recyclable materials, to be operated
     upon the public streets and highways with a tandem axle gross
     load up to 44,000 pounds, a single axle gross load up to
     21,000 pounds, and a gross load for the vehicle of up to
     64,000 pounds, provided that where the vehicle is to be
     operated with a tandem axle gross load in excess of 34,000
     pounds, the owner of such vehicle shall first file with the
     Texas Department of Transportation (department) a surety bond
     in the principal sum as fixed by the department up to $15,000
     for each vehicle; said bond to be conditioned that the owner
     of such vehicle will pay to the state and to any municipality
     in which such vehicle is operated on city streets all damages
     done to the highways and city streets by reason of the
     operation of such vehicle with a tandem axle gross load in
     excess of 34,000 pounds; requires such bonds to be subject to
     the approval of the department.  
     
     Sec. 2.  Provides that this article does not authorize the
     operation on the national system of interstate and defense
     highways in this state of vehicles considered overweight or
     oversized by federal standards. 
     
     Sec. 3.  (a) Requires it to be a misdemeanor for any person to
     violate any of the provisions of this article.
     
     (b) Requires any person, corporation, or receiver who
       violates any provision of this article to be punished by a
       fine of up to $200; requires a second conviction within one
       year thereafter to be punished by a fine of up to $500, by
       imprisonment for up to 60 days, or by both; and requires a
       third and subsequent conviction within one year after the
       second conviction to be punished by a fine of up to $1,000,
       or imprisonment for up to six months, or both.  Prohibits
       provisions regarding imprisonment from applying to
       corporations, but authorizes the fine to be doubled in lieu
       of imprisonment.
       
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.