H.B. No. 1547
1-1 AN ACT
1-2 relating to weight, length, and hours of operation restrictions on
1-3 certain vehicles; providing penalties.
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, if no axle or tandem axle exceeds the
1-21 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. Section 2, Chapter 73, Acts of the 54th
2-7 Legislature, Regular Session, 1955 (Article 6701d-13, Vernon's
2-8 Texas Civil Statutes), is amended to read as follows:
2-9 Sec. 2. Such vehicles may be operated only during daytime,
2-10 as defined by Section 20A, Uniform Act Regulating Traffic on
2-11 Highways (Article 6701d, Vernon's Texas Civil Statutes) <between
2-12 the hours of sunrise and sunset as defined by law>.
2-13 SECTION 4. Section 2, Chapter 8, Acts of the 62nd
2-14 Legislature, Regular Session, 1971 (Article 6701d-17, Vernon's
2-15 Texas Civil Statutes), is amended to read as follows:
2-16 Sec. 2. Such vehicles may be operated only during daytime,
2-17 as defined by Section 20A, Uniform Act Regulating Traffic on
2-18 Highways (Article 6701d, Vernon's Texas Civil Statutes), <between
2-19 the hours of sunrise and sunset as defined by law> and there shall
2-20 at all times be displayed at the extreme rear end of the load
2-21 carried on such vehicles a red flag or cloth not less than twelve
2-22 (12) inches square and so hung that the entire area is visible to
2-23 the driver of a vehicle approaching from the rear.
2-24 SECTION 5. Subdivision (2), Subsection (b), Section 2,
2-25 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
2-26 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
2-27 amended to read as follows:
3-1 (2) Not later than the 14th day after the date the
3-2 department issues <a person receives> a permit under Section 5B of
3-3 this Act, the department <person> shall notify <by certified or
3-4 registered mail, return receipt requested,> the county clerk of
3-5 each county listed in the permit application that <in which> the
3-6 person intends to operate or cause to be operated an overweight
3-7 vehicle in the county <the vehicle>. The notification must
3-8 include:
3-9 (A) the name and address of the person for whom
3-10 a permit was issued <the registered owner or operator of the
3-11 vehicle>; and
3-12 (B) the vehicle identification number and
3-13 license plate number of the vehicle<;>
3-14 <(C) a statement that the person intends to
3-15 operate or cause to be operated the vehicle on, over, or across the
3-16 county roads, bridges, and culverts with a gross weight, axle
3-17 weight, or wheel load that exceeds the limitations established
3-18 under Section 5 or Section 5 1/2 of this Act; and>
3-19 <(D) a statement that the notification is given
3-20 pursuant to this subsection>.
3-21 SECTION 6. Section 5B, Chapter 42, General Laws, Acts of the
3-22 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
3-23 Vernon's Texas Civil Statutes), is amended by amending Subsections
3-24 (e) and (i) and adding Subsections (j) and (k) to read as follows:
3-25 (e)(1) The permit is valid for one year and must be carried
3-26 in the vehicle. The fee for the permit is a base fee of $75 plus
3-27 the fees provided by Subdivision (2) of this subsection. The state
4-1 treasurer shall remit $50 of each base permit fee to the counties
4-2 of the state, with such amount to be distributed among the various
4-3 counties based on the ratio of the total number of miles of county
4-4 roads maintained by a county to the total number of miles of county
4-5 roads maintained by all of the counties of this state. The
4-6 remaining $25 of the base fee shall be deposited to the credit of
4-7 the state highway fund and may be appropriated only to the
4-8 department to administer this section.
4-9 (2)(A) At the time of application, an applicant must
4-10 designate the counties in which the vehicle will operate. In
4-11 addition to the base fee required by Subdivision (1) of this
4-12 subsection, an applicant for a permit shall pay annually a fee for
4-13 the number of counties designated by the applicant. A permit
4-14 issued under this section is not valid for use in a county that is
4-15 not listed on the permit application. The fee schedule under this
4-16 subdivision is:
4-17 Number of counties listed
4-18 on permit application Fee
4-19 1-20 $125
4-20 21-40 $345
4-21 41-60 $565
4-22 61-80 $785
4-23 81-100 $1,005
4-24 101-254 $2,000
4-25 (B) At the time of application, a person shall
4-26 pay, in addition to the fees required by Subdivision (1) of this
4-27 subsection and Paragraph (A) of this subdivision, an administrative
5-1 fee set by rule by the department in an amount not to exceed the
5-2 direct and indirect costs of the department to:
5-3 (i) issue a sticker under Subdivision (5)
5-4 of this subsection;
5-5 (ii) make the distribution of funds as
5-6 required by Subdivision (3) of this subsection; and
5-7 (iii) provide notice to a county as
5-8 required by Section 2(b)(2) of this Act.
5-9 (3)(A) The fee required by Subdivision (2)(A) of this
5-10 subsection shall be distributed among the counties listed on the
5-11 permit application based on the ratio of the total number of miles
5-12 of county roads maintained by a county listed on the application to
5-13 the total number of miles of county roads maintained by all of the
5-14 counties listed on the application.
5-15 (B) The fee required by Subdivision (2)(B) of
5-16 this subsection shall be deposited in the state treasury to the
5-17 credit of the state highway fund and may be appropriated only to
5-18 the department to administer this section.
5-19 (4) The state treasurer shall remit the sums due each
5-20 county under this subsection to the county treasurer or officer
5-21 performing the function of that office of the county at least twice
5-22 in each fiscal year. The county treasurer or officer shall deposit
5-23 such amounts in the county depository of his county to the credit
5-24 of the County Road and Bridge Fund. The amounts deposited in the
5-25 fund under this subdivision may be used only for a purpose
5-26 authorized by Section 4.003(b), County Road and Bridge Act (Article
5-27 6702-1, Vernon's Texas Civil Statutes).
6-1 (5) Each time the department issues a permit under
6-2 this section, the department shall issue a sticker to be placed
6-3 above the state inspection sticker on the front windshield of the
6-4 vehicle. The sticker must be in a form designed to aid in the
6-5 enforcement of weight limits for motor vehicles and must indicate
6-6 the expiration date of the permit. A sticker must be removed from
6-7 the vehicle at the time it expires, when a lease of the vehicle
6-8 expires, or when the vehicle is sold.
6-9 (i) A permit issued under this section may not be
6-10 transferred. However, if the vehicle for which the permit is
6-11 issued is destroyed or otherwise becomes permanently inoperable, a
6-12 person may apply to the department for a credit for the remaining
6-13 time the permit was valid. The department shall issue a prorated
6-14 credit for the remaining time on the permit if the person:
6-15 (1) pays a fee set by the department in an amount not
6-16 to exceed the cost of issuing the credit; and
6-17 (2) provides to the department:
6-18 (A) the original permit; or
6-19 (B) if the original permit no longer exists,
6-20 written evidence of the destruction or permanent incapacity of the
6-21 vehicle in a form approved by the department <by the department
6-22 without charge from one vehicle to another vehicle if the vehicle
6-23 for which the permit was issued will be out of service for more
6-24 than 30 days because of a mechanical failure or the vehicle is sold
6-25 or the lease for the vehicle has terminated. A permit may only be
6-26 transferred to a vehicle for which an original permit may be
6-27 issued, and a transfer does not extend the period for which the
7-1 permit is valid. A person shall apply for a transfer by filing an
7-2 affidavit with the department stating the reason the person is
7-3 entitled to the transfer and describing the vehicle, including the
7-4 vehicle identification number, to which the permit is to be
7-5 transferred>.
7-6 (j)(1) A credit issued under Subsection (i) of this section
7-7 may be used only toward the payment of permit fees under this
7-8 section.
7-9 (2) The fee required by Subsection (i)(1) of this
7-10 section shall be deposited in the state treasury to the credit of
7-11 the state highway fund and may be appropriated only to the
7-12 department to administer this section.
7-13 (k) Sections 403.094(h) and 403.095, Government Code, do not
7-14 apply to funds deposited to the credit of the state highway fund
7-15 under this section.
7-16 SECTION 7. Section 15, Chapter 42, General Laws, Acts of the
7-17 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
7-18 Vernon's Texas Civil Statutes), is amended by adding Subsection (d)
7-19 to read as follows:
7-20 (d)(1) A person who holds a permit issued under Section 5B
7-21 of this Act commits an offense if the person:
7-22 (A) operates or directs the operation of the
7-23 vehicle for which the permit was issued on a public highway or
7-24 road; and
7-25 (B) is criminally negligent with regard to the
7-26 operation of the vehicle in excess of the weight limits authorized
7-27 by Section 5B(b) of this Act.
8-1 (2) A person who holds a permit issued under Section
8-2 5B of this Act commits an offense if the person operates or directs
8-3 the operation of the vehicle for which the permit was issued:
8-4 (A) in a county not listed on the person's
8-5 permit application under Section 5B(e) of this Act; and
8-6 (B) in excess of the normal weight limits
8-7 established under this Act or the County Road and Bridge Act
8-8 (Article 6702-1, Vernon's Texas Civil Statutes).
8-9 (3) Except as provided by Subdivision (4) of this
8-10 subsection, an offense under Subdivision (1) or (2) of this
8-11 subsection is a misdemeanor punishable by a fine of not less than
8-12 $100 or more than $150.
8-13 (4) An offense under Subdivision (1) or (2) of this
8-14 subsection is a misdemeanor punishable by a fine of:
8-15 (A) not less than $300 or more than $500 if the
8-16 offense involves a vehicle having a gross weight that is more than
8-17 5,000 pounds and not more than 10,000 pounds over the vehicle's
8-18 allowable gross weight; or
8-19 (B) not less than $500 or more than $1,000 if
8-20 the offense involves a vehicle having a gross weight that is 10,000
8-21 pounds or more over the vehicle's allowable gross weight.
8-22 (5) A fine provided by Subdivision (3) or (4) is
8-23 doubled if the offense occurs before the first anniversary of a
8-24 conviction of a previous offense under this subsection.
8-25 (6) A governmental entity collecting a fine under
8-26 Subdivision (4) of this subsection shall forward an amount equal to
8-27 50 percent of the fine to the comptroller for deposit in a special
9-1 account in the general revenue fund that may be appropriated only
9-2 to the Department of Public Safety for the enforcement of laws
9-3 relating to overweight and oversized vehicles.
9-4 (7) A justice of the peace has jurisdiction of any
9-5 offense under this subsection. A municipal court has jurisdiction
9-6 of any offense under this subsection in which the fine does not
9-7 exceed $500.
9-8 (8) A judge of a court rendering a conviction under
9-9 this subsection shall report the conviction to the Department of
9-10 Public Safety. The department shall keep a record of each
9-11 conviction reported under this subdivision.
9-12 (9) A person commits an offense if the person fails to
9-13 display the sticker in the manner required by Section 5B(e) of this
9-14 Act. An offense under this subdivision is a Class C misdemeanor.
9-15 SECTION 8. Section 5(a), Chapter 71, Acts of the 47th
9-16 Legislature, Regular Session, 1941, is amended to read as follows:
9-17 (a) Except as provided by Subsection (c), any person,
9-18 corporation, receiver or association who violates any provision of
9-19 Section 5, Chapter 42, General Laws, Acts of the 41st Legislature,
9-20 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
9-21 Statutes), (the Section fixing the gross weight of commercial motor
9-22 vehicles) shall, upon conviction, be punished by a fine of not less
9-23 than $100 or more than $150, except that if the offense involves a
9-24 vehicle having a gross weight that is more than 5,000 pounds and
9-25 not more than 10,000 pounds over the vehicle's allowable gross
9-26 weight, the fine is not less than $300 or more than $500, and if
9-27 the offense involves a vehicle having a gross weight that is more
10-1 than 10,000 pounds over the vehicle's allowable gross weight, the
10-2 fine is not less than $500 or more than $1,000. The fines provided
10-3 for an offense subject to this subsection are doubled if the
10-4 offense occurs before the first anniversary of a conviction of a
10-5 previous offense subject to this subsection. A governmental entity
10-6 collecting a fine under this subsection for an offense involving a
10-7 vehicle having a gross weight that is more than 5,000 pounds over
10-8 the vehicle's allowable gross weight shall forward an amount equal
10-9 to 50 percent of the fine to the comptroller for deposit in a
10-10 special account in the general revenue fund that may be
10-11 appropriated only to the Department of Public Safety for the
10-12 enforcement of laws relating to overweight and oversized vehicles.
10-13 A justice of the peace has jurisdiction of any offense under this
10-14 subsection. A municipal court has jurisdiction of any offense
10-15 under this subsection in which the fine does not exceed $500. <One
10-16 Hundred Dollars ($100), nor more than One Hundred Fifty Dollars
10-17 ($150); for a second conviction within one year thereafter such
10-18 person, corporation, receiver, or association shall be punished by
10-19 a fine of not less than One Hundred Fifty Dollars ($150) nor more
10-20 than Two Hundred Fifty Dollars ($250) or imprisonment in the county
10-21 jail for not more than sixty (60) days or by both such fine and
10-22 imprisonment; upon a third or subsequent conviction within one year
10-23 after the second conviction such person, corporation, receiver, or
10-24 association shall be punished by a fine of not less than Two
10-25 Hundred Dollars ($200) nor more than Five Hundred Dollars ($500) or
10-26 by imprisonment in the county jail for not more than six (6)
10-27 months, or by both such fine and imprisonment.> It shall be the
11-1 duty of the judge of the court to report forthwith to the
11-2 Department of Public Safety any convictions obtained in his court
11-3 under this Section and it shall be the duty of the Department of
11-4 Public Safety to keep a record thereof.
11-5 SECTION 9. Chapter 1, Title 116, Revised Statutes, is
11-6 amended by adding Article 6674o-2 to read as follows:
11-7 Art. 6674o-2. COUNTY AND MUNICIPAL BRIDGE INSPECTION. (a)
11-8 If the Texas Department of Transportation determines after an
11-9 inspection that a bridge under the jurisdiction of a county or
11-10 municipality qualifies for a lower load rating under 23 C.F.R.
11-11 Sections 650.301-650.311 than is currently permitted, the
11-12 department shall notify the commissioners court of the county or
11-13 the governing body of the municipality.
11-14 (b) A commissioners court or governing body that receives
11-15 notice under Subsection (a) of this article shall post notice on a
11-16 road or highway approaching the bridge indicating that traffic is
11-17 restricted consistent with the new lower load rating. The notice
11-18 must be placed in a location that enables restricted traffic to
11-19 avoid crossing the bridge.
11-20 SECTION 10. (a) A permit issued under Section 5B, Chapter
11-21 42, General Laws, Acts of the 41st Legislature, 2nd Called Session,
11-22 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), before the
11-23 effective date of this Act remains valid until the permit expires
11-24 or is revoked.
11-25 (b) A person possessing a valid permit as described by
11-26 Subsection (a) of this section is not required to display a sticker
11-27 on a vehicle as required by Subdivision (5), Subsection (e),
12-1 Section 5B, Chapter 42, General Laws, Acts of the 41st Legislature,
12-2 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
12-3 Statutes), as added by this Act, until the permit expires.
12-4 (c) The changes in law made by this Act apply only to an
12-5 offense committed on or after the effective date of this Act. For
12-6 purposes of this subsection, an offense is committed before the
12-7 effective date of this Act if any element of the offense occurs
12-8 before that date. An offense committed before the effective date
12-9 of this Act is governed by the law in effect when the offense was
12-10 committed, and the former law is continued in effect for that
12-11 purpose.
12-12 SECTION 11. (a) The change in law made by this Act applies
12-13 only to an offense committed on or after the effective date of this
12-14 Act. For purposes of this section, an offense is committed before
12-15 the effective date of this Act if any element of the offense occurs
12-16 before that date.
12-17 (b) An offense committed before the effective date of this
12-18 Act is covered by the law in effect when the offense was committed,
12-19 and the former law is continued in effect for that purpose.
12-20 SECTION 12. This Act takes effect September 1, 1995.
12-21 SECTION 13. The importance of this legislation and the
12-22 crowded condition of the calendars in both houses create an
12-23 emergency and an imperative public necessity that the
12-24 constitutional rule requiring bills to be read on three several
12-25 days in each house be suspended, and this rule is hereby suspended,
12-26 and that this Act take effect and be in force from and after its
12-27 passage, and it is so enacted.