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. 1-67 * * * * *