TWT H.B. 2469 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 2469
By: McReynolds
4-16-97
Committee Report (Substituted)



BACKGROUND 

Current Texas law (Section 622.041, Transportation Code) regulates the
transportation of timber or timber products on the state's highways.
Chapter 621 of the Transportation Code provides maximum load guidelines
for vehicles transporting timber or timber products.  Section 621.101
provides the specific weight requirements for axle tractor trailers
hauling goods across Texas' roads.  That section provides that the overall
gross weight on a group of two or more consecutive axles may not be
heavier than 80,000 pounds, including all enforcement tolerances. Under
these guidelines, for example, a five axle tractor trailer used for
hauling timber must have a distance of 51 feet from steering axle to rear
axle in order to qualify for an 80,000 pound load. There is little
flexibility within the guidelines explained above. The logging industry in
Texas has faced hardship under these guidelines because they do not take
into account the specific needs of the timber industry.  Plantation
harvesting requires hauling timber, that varies greatly in length, from
the forest to the mills.  In thinning operations, pulp timber cannot be
safely transported to mills at lengths of 51 feet.  By sliding the rear
axles and bolsters forward, however, the loads can be safely transported
to their destinations while at the same time carrying maximum loads.   

Finally, Section 622.062(b), Transportation Code, requires a red flag or
cloth to be attached at the end of a load carrying poles, piling or
unrefined timber to enhance visibility of the load to approaching
vehicles.  Strobe lights are not currently mentioned in the statute as an
equally effective means of ensuring visibility. 

PURPOSE

C.S.H.B. 2469 provides an exception to the requirement that the width,
height, and gross weight of a vehicle must conform to the guidelines
provided in Chapters 621 and 623, Transportation Code, when it is
necessary to transport the load, the distance between axles on a vehicle
may be shortened by not more than 12 feet.  The bill prohibits timber
trucks from crossing load limit bridges if the truck weight exceeds that
load limit.  The bill also adds strobe lights to the list of authorized
methods of increasing visibility to drivers approaching the vehicle from
the rear. 

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 Subchapter D, Chapter 622, Transportation Code, by
adding Sec. 622.0435.  

 (a) that the width, height, and gross weight of a vehicle transporting
timber or timber products must conform to the guidelines provided in
Chapters 621 and 623 except when it is necessary to transport the load,
the distance between axles on a vehicle may not be shortened by not more
than 12 feet for gross weight determinations.  

 (b) States that (a) does not authorize vehicles to cross a load-posted
bridge with a load weight that exceeds that limitation. 

 SECTION 2.  Amends Section 622.062(b), Transportation Code, by adding
strobe lights to the list of authorized methods of increasing visibility
to drivers approaching the vehicle from the rear. 

SECTION 3.  Effective date --  September 1, 1997.

SECTION 4.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The original amended Sec. 622.043, Transportation Code. The
substitute retains Sec. 622.043 as current law, but adds new Sec.
622.0435. The original exempted trucks from the width, height, and gross
weight requirements of Chapter 621 (General Provisions Relating to Vehicle
Size and Weight) if it was necessary to shorten the distance between any
two axles to safely transport a load.  The substitute in Sec. 622.0435
exempts trucks from the requirements of Chapters 621 and 623 (Permits for
Oversize or Overweight Vehicles). The substitute adds Sec. 622.0435(b)
which states that Subsection (a) does not authorize vehicles to cross a
load-posted bridge with a load weight that exceeds that limitation.