1-1 By: Swinford (Senate Sponsor - Bivins) H.B. No. 1547
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on State
1-4 Affairs; May 22, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 10, Nays 0; May 22, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. 1547 by striking SECTION 3 of the bill and renumbering
1-8 the remaining sections appropriately.
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to weight, length, and hours of operation restrictions on
1-12 certain vehicles.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 5B(b), Chapter 42, General Laws, Acts of
1-15 the 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
1-16 Vernon's Texas Civil Statutes), is amended to read as follows:
1-17 (b) The permit authorizes the operation of the vehicle at a
1-18 weight that exceeds the allowable axle weight by a tolerance
1-19 allowance of 10 percent and exceeds the allowable gross weight by a
1-20 tolerance allowance of five percent. In the case of a permit
1-21 issued for a truck tractor, the permit also authorizes the
1-22 operation of the truck tractor in combination with one or more
1-23 other vehicles at a weight that exceeds the allowable axle weight
1-24 by a tolerance allowance of 10 percent and exceeds the allowable
1-25 gross weight for such combination of vehicles by a tolerance
1-26 allowance of five percent. A vehicle operating under the permit is
1-27 authorized to exceed the allowable gross weight by the entire five
1-28 percent tolerance allowance regardless of the weight of any one
1-29 axle or tandem axle or distance between axles, if no axle or tandem
1-30 axle exceeds the tolerance permitted by this subsection.
1-31 SECTION 2. Section 5, Chapter 293, Acts of the 53rd
1-32 Legislature, Regular Session, 1953 (Article 6701d-12, Vernon's
1-33 Texas Civil Statutes), is amended to read as follows:
1-34 Sec. 5. In this Act, "vehicles used exclusively to transport
1-35 ready-mixed concrete" includes:
1-36 (1) a vehicle designed exclusively to transport,
1-37 manufacture, or transport and manufacture the product; or
1-38 (2) a concrete pump truck.
1-39 SECTION 3. Subsection (a), Section 106, Uniform Act
1-40 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-41 Statutes), is amended to read as follows:
1-42 (a) No driver of a motor vehicle shall drive upon any
1-43 highway outside of the limits of an incorporated city or town
1-44 drawing or having attached thereto more than one (1) vehicle except
1-45 as herein provided; such vehicle may be a trailer, semi-trailer,
1-46 pole trailer, or another vehicle; provided, however, that there may
1-47 be attached to motor vehicles used exclusively in the actual
1-48 harvesting of perishable fresh fruits and vegetables not to exceed
1-49 two (2) trailers, under the following conditions:
1-50 1. The origin of fruits and vegetables must be an
1-51 orchard or a field where the same are grown and the destination
1-52 must be a packing or processing plant or shed not more than fifty
1-53 (50) miles distant from such field or orchard.
1-54 2. The combination of vehicles must be operated only
1-55 during daytime <the period from sunrise to sunset>, and at a rate
1-56 of speed not to exceed twenty-five (25) miles per hour.
1-57 3. The fruits and vegetables transported in such
1-58 trailers must be in bulk or field crates.
1-59 4. The width, height, and gross weight of each trailer
1-60 and/or combination of trailers shall conform to the requirements
1-61 set forth in Article 827a, Revised Penal Code of the State of
1-62 Texas, and all other laws of this State governing same.
1-63 5. No one harvesting trailer shall exceed seventeen
1-64 (17) feet, nine (9) inches in length, nor shall any combination of
1-65 two (2) trailers and motor vehicle as provided herein, exceed
1-66 fifty-five (55) feet overall length.
1-67 6. No laborers or "harvesting hands" shall be carried
1-68 in or on the trailers while so used.
2-1 SECTION 4. Section 2, Chapter 73, Acts of the 54th
2-2 Legislature, Regular Session, 1955 (Article 6701d-13, Vernon's
2-3 Texas Civil Statutes), is amended to read as follows:
2-4 Sec. 2. Such vehicles may be operated only during daytime,
2-5 as defined by Section 20A, Uniform Act Regulating Traffic on
2-6 Highways (Article 6701d, Vernon's Texas Civil Statutes) <between
2-7 the hours of sunrise and sunset as defined by law>.
2-8 SECTION 5. Section 2, Chapter 8, Acts of the 62nd
2-9 Legislature, Regular Session, 1971 (Article 6701d-17, Vernon's
2-10 Texas Civil Statutes), is amended to read as follows:
2-11 Sec. 2. Such vehicles may be operated only during daytime,
2-12 as defined by Section 20A, Uniform Act Regulating Traffic on
2-13 Highways (Article 6701d, Vernon's Texas Civil Statutes), <between
2-14 the hours of sunrise and sunset as defined by law> and there shall
2-15 at all times be displayed at the extreme rear end of the load
2-16 carried on such vehicles a red flag or cloth not less than twelve
2-17 (12) inches square and so hung that the entire area is visible to
2-18 the driver of a vehicle approaching from the rear.
2-19 SECTION 6. (a) The change in law made by this Act applies
2-20 only to an offense committed on or after the effective date of this
2-21 Act. For purposes of this section, an offense is committed before
2-22 the effective date of this Act if any element of the offense occurs
2-23 before that date.
2-24 (b) An offense committed before the effective date of this
2-25 Act is covered by the law in effect when the offense was committed,
2-26 and the former law is continued in effect for that purpose.
2-27 SECTION 7. This Act takes effect September 1, 1995.
2-28 SECTION 8. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended,
2-33 and that this Act take effect and be in force from and after its
2-34 passage, and it is so enacted.
2-35 * * * * *