1-1  By:  Alexander (Senate Sponsor - Lucio)               H.B. No. 2584
    1-2        (In the Senate - Received from the House May 12, 1995;
    1-3  May 16, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 22, 1995, reported favorably by the following vote:
    1-5  Yeas 10, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the weight of vehicles transporting recyclable
    1-9  materials; providing penalties.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Title 116, Revised Statutes, is amended by adding
   1-12  Article 6701d-19c to read as follows:
   1-13        Art. 6701d-19c.  WEIGHT OF VEHICLES TRANSPORTING RECYCLABLE
   1-14  MATERIALS
   1-15        Sec. 1.  Vehicles, other than tractor-trailer combination
   1-16  vehicles, equipped with container roll-off units and exclusively
   1-17  transporting recyclable materials, as defined in Chapter 361,
   1-18  Health and Safety Code, may be operated upon the public streets and
   1-19  highways of this state with a tandem axle gross load not to exceed
   1-20  44,000 pounds, a single axle gross load not to exceed 21,000
   1-21  pounds, and a gross load for the vehicle not to exceed 64,000
   1-22  pounds, provided that where the vehicle is to be operated with a
   1-23  tandem axle gross load in excess of 34,000 pounds, the owner,
   1-24  except if the owner is a municipality, of such vehicle shall first
   1-25  file with the Texas Department of Transportation a surety bond in
   1-26  the principal sum as fixed by the department, which sum shall not
   1-27  be set at a greater amount than $15,000 for each vehicle; said bond
   1-28  to be conditioned that the owner of such vehicle will pay to the
   1-29  State of Texas and to any municipality in which such vehicle is
   1-30  operated on city streets, within the limit of such bond, all
   1-31  damages done to the highways and the city streets by reason of the
   1-32  operation of such vehicle with a tandem axle gross load in excess
   1-33  of 34,000 pounds; such bonds shall be subject to the approval of
   1-34  the Texas Department of Transportation.
   1-35        Sec. 2.  This article does not authorize the operation on the
   1-36  national system of interstate and defense highways in this state of
   1-37  vehicles of a size or weight greater than authorized in 23 U.S.C.
   1-38  Section 127, as amended.  If the United States government
   1-39  authorizes the operation on the national system of interstate and
   1-40  defense highways of vehicles of a size or weight greater than those
   1-41  authorized on January 1, 1983, the new limits automatically shall
   1-42  be in effect on the national system of interstate and defense
   1-43  highways in this state.
   1-44        Sec. 3.  (a)  It shall be unlawful and constitute a
   1-45  misdemeanor for any person to violate any of the provisions of this
   1-46  article.
   1-47        (b)  Any person, corporation, or receiver who violates any
   1-48  provision of this article shall, upon conviction, be punished by a
   1-49  fine of not more than $200; for a second conviction within one year
   1-50  thereafter such person, corporation, or receiver shall be punished
   1-51  by a fine of not more than $500, or by imprisonment in the county
   1-52  jail for not more than 60 days, or by both such fine and
   1-53  imprisonment; and upon a third and subsequent conviction within one
   1-54  year after the second conviction such person, corporation, or
   1-55  receiver shall be punished by a fine of not more than $1,000, or by
   1-56  imprisonment in the county jail for not more than six months, or by
   1-57  both such fine and imprisonment.  Provisions hereof with respect to
   1-58  imprisonment shall not be applicable to corporations, but double
   1-59  the fine herein provided for any may be imposed against them in
   1-60  lieu of imprisonment.
   1-61        SECTION 2.  This Act takes effect September 1, 1995.
   1-62        SECTION 3.  The importance of this legislation and the
   1-63  crowded condition of the calendars in both houses create an
   1-64  emergency and an imperative public necessity that the
   1-65  constitutional rule requiring bills to be read on three several
   1-66  days in each house be suspended, and this rule is hereby suspended.
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