By: Truan S.B. No. 556
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation of overweight vehicles on highways;
1-2 providing criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (2), Subsection (b), Section 2,
1-5 Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
1-6 Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 (2) Not later than the 14th day after the date the
1-9 department grants <a person receives> a permit under Section 5B of
1-10 this Act, the department <person> shall notify <by certified or
1-11 registered mail, return receipt requested,> the county clerk of
1-12 each county listed in the permit application that <in which> the
1-13 person intends to operate or cause to be operated an overweight
1-14 vehicle in the county <the vehicle>. The notification must
1-15 include:
1-16 (A) the name and address of the registered owner
1-17 or operator of the vehicle; and
1-18 (B) the vehicle identification number and
1-19 license plate number of the vehicle<;>
1-20 <(C) a statement that the person intends to
1-21 operate or cause to be operated the vehicle on, over, or across the
1-22 county roads, bridges, and culverts with a gross weight, axle
1-23 weight, or wheel load that exceeds the limitations established
2-1 under Section 5 or Section 5 1/2 of this Act; and>
2-2 <(D) a statement that the notification is given
2-3 pursuant to this subsection>.
2-4 SECTION 2. Section 5B, Chapter 42, General Laws, Acts of the
2-5 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
2-6 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-7 (c), (e), and (i) and adding Subsection (j) to read as follows:
2-8 (c) This section does not authorize the operation of a
2-9 vehicle on:
2-10 (1) the national system of interstate and defense
2-11 highways in this state if the weight of that vehicle is <of
2-12 vehicles with a weight> greater than authorized by federal law; or
2-13 (2) a road, highway, bridge, or culvert for which
2-14 maximum weight and load limits have been established and posted by
2-15 the Texas Transportation Commission or a commissioners court of a
2-16 county pursuant to Section 5-1/2 of this Act, if the gross weight
2-17 of that vehicle and load is greater than five percent or the axle
2-18 and wheel loads are greater than 10 percent above those established
2-19 and posted under that section.
2-20 (e)(1) The permit is valid for one year and must be carried
2-21 in the vehicle. The fee for the permit is a base fee of $75 plus
2-22 the amount provided by Subdivision (2) of this subsection. The
2-23 state treasurer shall remit $50 of each base permit fee to the
2-24 counties of the state, with such amount to be distributed among the
2-25 various counties based on the ratio of the total number of miles of
3-1 county roads maintained by a county to the total number of miles of
3-2 county roads maintained by all of the counties of this state. The
3-3 remaining $25 of the base fee shall be deposited to the credit of
3-4 the state highway fund and may be appropriated only to the
3-5 department to administer this section.
3-6 (2) At the time of application, an applicant must
3-7 designate the counties in which the vehicle will operate. In
3-8 addition to the base fee required by Subdivision (1) of this
3-9 subsection, an applicant for a permit shall pay annually a fee for
3-10 the number of counties designated by the applicant. A permit
3-11 issued under this section is not valid for use in a county that is
3-12 not listed on the permit application. The fee schedule under this
3-13 subdivision is:
3-14 Number of counties listed
3-15 on permit application Fee
3-16 1-20 $125
3-17 21-40 $345
3-18 41-60 $565
3-19 61-80 $785
3-20 81-100 $1,005
3-21 101-254 $2,000
3-22 (3) The fee required by Subdivision (2) of this
3-23 subsection shall be distributed among the counties listed on the
3-24 permit application based on the ratio of the total number of miles
3-25 of county roads maintained by a county listed on the application to
4-1 the total number of miles of county roads maintained by all of the
4-2 counties listed on the application.
4-3 (4) The state treasurer shall remit the sums due each
4-4 county under this subsection to the county treasurer or officer
4-5 performing the function of that office of the county at least twice
4-6 in each fiscal year. The county treasurer or officer shall deposit
4-7 such amounts in the county depository of his county to the credit
4-8 of the County Road and Bridge Fund.
4-9 (5) Each time the department issues a permit under
4-10 this section, the department shall issue a sticker to be placed
4-11 above the state inspection sticker on the front windshield of the
4-12 vehicle. The sticker must be in a form designed to aid in the
4-13 enforcement of weight limits for motor vehicles and must indicate
4-14 the expiration date of the permit. A sticker must be removed from
4-15 the vehicle at the time it expires, when a lease of the vehicle
4-16 expires, or when the vehicle is sold. The department may, in
4-17 addition to the fees charged under Subdivisions (1) and (2) of this
4-18 subsection, charge a fee for the sticker in an amount not to exceed
4-19 the cost of issuing the sticker. The cost of issuing the sticker
4-20 includes the cost of notifying under Section 2(b)(2) of this Act
4-21 the counties in which the vehicle is to be operated. Fees
4-22 collected under this subdivision shall be deposited to the credit
4-23 of the state highway fund and may be appropriated only to the
4-24 department to administer this section.
4-25 (i) A permit issued under this section may not be
5-1 transferred. However, if the vehicle for which the permit is
5-2 issued is destroyed or otherwise becomes permanently inoperable, a
5-3 person may apply to the department for a credit for the remaining
5-4 time the permit was valid. The department shall issue a prorated
5-5 credit for the remaining time on the permit if the person:
5-6 (1) pays a fee set by the department in an amount not
5-7 to exceed the cost of issuing the credit; and
5-8 (2) provides to the department:
5-9 (A) the original permit; or
5-10 (B) if the original permit no longer exists,
5-11 written evidence of the destruction or permanent incapacity of the
5-12 vehicle in a form approved by the department <by the department
5-13 without charge from one vehicle to another vehicle if the vehicle
5-14 for which the permit was issued will be out of service for more
5-15 than 30 days because of a mechanical failure or the vehicle is sold
5-16 or the lease for the vehicle has terminated. A permit may only be
5-17 transferred to a vehicle for which an original permit may be
5-18 issued, and a transfer does not extend the period for which the
5-19 permit is valid. A person shall apply for a transfer by filing an
5-20 affidavit with the department stating the reason the person is
5-21 entitled to the transfer and describing the vehicle, including the
5-22 vehicle identification number, to which the permit is to be
5-23 transferred>.
5-24 (j) A credit issued under Subsection (i) of this section may
5-25 be used only toward the payment of permit fees under this section.
6-1 SECTION 3. Section 15, Chapter 42, General Laws, Acts of the
6-2 41st Legislature, 2nd Called Session, 1929 (Article 6701d-11,
6-3 Vernon's Texas Civil Statutes), is amended by adding Subsection (d)
6-4 to read as follows:
6-5 (d)(1) A person commits an offense if the person operates or
6-6 directs the operation of a vehicle on a public highway or road in
6-7 excess of the weight limits allowed under this Act unless the
6-8 person has a permit authorizing the overweight operation. An
6-9 offense under this subdivision is a misdemeanor punishable by a
6-10 fine of not more than $1,000.
6-11 (2) A person commits an offense if the person fails to
6-12 display the sticker in the manner required by Section 5B(e) of this
6-13 Act. An offense under this subdivision is a Class C misdemeanor.
6-14 SECTION 4. (a) A permit issued under Section 5B, Chapter 42,
6-15 General Laws, Acts of the 41st Legislature, 2nd Called Session,
6-16 1929 (Article 6701d-11, Vernon's Texas Civil Statutes), before the
6-17 effective date of this Act remains valid until the permit expires
6-18 or is revoked.
6-19 (b) A person possessing a valid permit as described by
6-20 Subsection (a) of this section is not required to display a sticker
6-21 on a vehicle as required by Subdivision (5), Subsection (e),
6-22 Section 5B, Chapter 42, General Laws, Acts of the 41st Legislature,
6-23 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
6-24 Statutes), as added by Section 2 of this Act, until the permit
6-25 expires.
7-1 (c) The change in law made by Section 3 of this Act applies
7-2 only to an offense committed on or after the effective date of this
7-3 Act. For purposes of this subsection, an offense is committed
7-4 before the effective date of this Act if any element of the offense
7-5 occurs before that date. An offense committed before the effective
7-6 date of this Act is governed by the law in effect when the offense
7-7 was committed, and the former law is continued in effect for that
7-8 purpose.
7-9 SECTION 5. This Act takes effect September 1, 1995.
7-10 SECTION 6. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.