By Swinford H.B. No. 1547
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to weight, length, and hours of operation restrictions on
1-3 certain vehicles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5B(b), Chapter 42, General Laws, Acts of
1-6 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 (b) The permit authorizes the operation of the vehicle at a
1-9 weight that exceeds the allowable axle weight by a tolerance
1-10 allowance of 10 percent and exceeds the allowable gross weight by a
1-11 tolerance allowance of five percent. In the case of a permit
1-12 issued for a truck tractor, the permit also authorizes the
1-13 operation of the truck tractor in combination with one or more
1-14 other vehicles at a weight that exceeds the allowable axle weight
1-15 by a tolerance allowance of 10 percent and exceeds the allowable
1-16 gross weight for such combination of vehicles by a tolerance
1-17 allowance of five percent. A vehicle operating under the permit is
1-18 authorized to exceed the allowable gross weight by the entire five
1-19 percent tolerance allowance regardless of the weight of any one
1-20 axle or tandem axle or distance between axles, if no axle or tandem
1-21 axle exceeds the tolerance permitted by this subsection.
1-22 SECTION 2. Section 5, Chapter 293, Acts of the 53rd
1-23 Legislature, Regular Session, 1953 (Article 6701d-12, Vernon's
1-24 Texas Civil Statutes), is amended to read as follows:
2-1 Sec. 5. In this Act, "vehicles used exclusively to transport
2-2 ready-mixed concrete" includes:
2-3 (1) a vehicle designed exclusively to transport,
2-4 manufacture, or transport and manufacture the product; or
2-5 (2) a concrete pump truck.
2-6 SECTION 3. Subsection (a), Section 106, Uniform Act
2-7 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-8 Statutes), is amended to read as follows:
2-9 (a) No driver of a motor vehicle shall drive upon any
2-10 highway outside of the limits of an incorporated city or town
2-11 drawing or having attached thereto more than one (1) vehicle except
2-12 as herein provided; such vehicle may be a trailer, semi-trailer,
2-13 pole trailer, or another vehicle; provided, however, that there may
2-14 be attached to motor vehicles used exclusively in the actual
2-15 harvesting of perishable fresh fruits and vegetables not to exceed
2-16 two (2) trailers, under the following conditions:
2-17 1. The origin of fruits and vegetables must be an
2-18 orchard or a field where the same are grown and the destination
2-19 must be a packing or processing plant or shed not more than fifty
2-20 (50) miles distant from such field or orchard.
2-21 2. The combination of vehicles must be operated only
2-22 during daytime <the period from sunrise to sunset>, and at a rate
2-23 of speed not to exceed twenty-five (25) miles per hour.
2-24 3. The fruits and vegetables transported in such
2-25 trailers must be in bulk or field crates.
2-26 4. The width, height, and gross weight of each trailer
2-27 and/or combination of trailers shall conform to the requirements
3-1 set forth in Article 827a, Revised Penal Code of the State of
3-2 Texas, and all other laws of this State governing same.
3-3 5. No one harvesting trailer shall exceed seventeen
3-4 (17) feet, nine (9) inches in length, nor shall any combination of
3-5 two (2) trailers and motor vehicle as provided herein, exceed
3-6 fifty-five (55) feet overall length.
3-7 6. No laborers or "harvesting hands" shall be carried
3-8 in or on the trailers while so used.
3-9 SECTION 4. Section 2, Chapter 73, Acts of the 54th
3-10 Legislature, Regular Session, 1955 (Article 6701d-13, Vernon's
3-11 Texas Civil Statutes), is amended to read as follows:
3-12 Sec. 2. Such vehicles may be operated only during daytime,
3-13 as defined by Section 20A, Uniform Act Regulating Traffic on
3-14 Highways (Article 6701d, Vernon's Texas Civil Statutes) <between
3-15 the hours of sunrise and sunset as defined by law>.
3-16 SECTION 5. Section 2, Chapter 8, Acts of the 62nd
3-17 Legislature, Regular Session, 1971 (Article 6701d-17, Vernon's
3-18 Texas Civil Statutes), is amended to read as follows:
3-19 Sec. 2. Such vehicles may be operated only during daytime,
3-20 as defined by Section 20A, Uniform Act Regulating Traffic on
3-21 Highways (Article 6701d, Vernon's Texas Civil Statutes), <between
3-22 the hours of sunrise and sunset as defined by law> and there shall
3-23 at all times be displayed at the extreme rear end of the load
3-24 carried on such vehicles a red flag or cloth not less than twelve
3-25 (12) inches square and so hung that the entire area is visible to
3-26 the driver of a vehicle approaching from the rear.
3-27 SECTION 6. (a) The change in law made by this Act applies
4-1 only to an offense committed on or after the effective date of this
4-2 Act. For purposes of this section, an offense is committed before
4-3 the effective date of this Act if any element of the offense occurs
4-4 before that date.
4-5 (b) An offense committed before the effective date of this
4-6 Act is covered by the law in effect when the offense was committed,
4-7 and the former law is continued in effect for that purpose.
4-8 SECTION 7. This Act takes effect September 1, 1995.
4-9 SECTION 8. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended,
4-14 and that this Act take effect and be in force from and after its
4-15 passage, and it is so enacted.