TWT H.B. 1524 75(R)BILL ANALYSIS TRANSPORTATION H.B. 1524 By: Siebert 3-25-97 Committee Report (Substituted) BACKGROUND Current law allows vehicles which are equipped with container roll-off units and transport recyclable materials to operate on a public highway if the tandem axle load is not heavier than 44,000 pounds, the single axle load is not heavier than 21,000 pounds, and the gross load is not heavier than 64,000 pounds. Vehicles which transport recyclable materials but utilize front-end loaders instead of roll-off units are not permitted to carry loads of that size. Current law also permits vehicles transporting solid waste to carry a load up to 64,000 pounds. PURPOSE This legislation would provide vehicles equipped with a container roll-off unit or a front-end loader, which exclusively transport recyclable materials the authority to operate on a public highway if the tandem axle load is not heavier than 44,000 pounds, the single axle load is not heavier than 21,000 pounds, and the gross load is not heavier than 64,000 pounds. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 622, Transportation Code, by adding Subchapter J. Sec. 622.131. Defines "recyclable material". Sec. 622.132. Makes subchapter applicable only to a vehicle other than a tractor-trailer combination, only if the vehicle is equipped with a container roll-off unit or a front-end loader. Sec. 622.133. Allows vehicles transporting only recyclable materials to operate on a public highway if the tandem axle load is not heavier than 44,000 lbs., the single axle load is not heavier than 21,000 lbs., and the gross load is not heavier than 64,000 lbs. Sec. 622.134. (a) Except as provided by (c), requires vehicle owner to file a surety bond not to exceed $15,000 with the Texas Department of Transportation (TXDOT). (b) The bond has to be conditioned that the owner, within bond limits, will pay for any damage to a highway and to a city for damage done by the vehicle. (c) Does not apply to a city-owned vehicle. Sec. 622.135. (a) Prevents operating a vehicle on a national interstate system or defense highway if its weight is greater than that authorized by 23 U.S.C. Section 127, as amended. (b) If the U.S. authorizes the operation of a vehicle of greater size or weight than those authorized on Jan. 1, 1983, the new limit automatically takes effect on the national system of interstate and defense highways in Texas. Sec. 622.136. (a) A person commits an offense if the person violates this subchapter. (b) Except as provided in Subsection (c), the offense is a misdemeanor punishable: (1) by a fine not to exceed $200; (2) by a fine not to exceed $500 or by 60 days in the county jail or both, if a second conviction occurs within one year of the first; or (3) by a fine not toe exceed $1,000 or up to six months in the county jail or both, if a third conviction occurs within one year of the second conviction. (c) A corporation is not subject to confinement in the county jail, but can impose two times the maximum fine provided. SECTION 2. Makes standard re-codification changes. SECTION 3. Effective Date -- July 15, 1997. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. Sect. 622.132 adds language to show that this subchapter is only applicable to vehicles equipped with a container roll-off unit or a front-end loader.