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.