TWT S.B. 343 75(R)BILL ANALYSIS TRANSPORTATION S.B. 343 By: Harris (Brimer, Hirschi) 4-9-97 Committee Report (Substituted) BACKGROUND Currently, there have been inconsistencies in the establishment of speed limits for towable recreational vehicles (TRVs) on Texas highways. Because there is no definition of a TRV, these TRVs could be considered manufactured housing, which is not meant to be driven on highways, and is limited to a speed limit of 45 miles per hour. However, a towable recreational vehicle is a roadready recreational vehicle meant to be towed behind a motor vehicle. For these TRVs, the speed limit can be higher than 45 miles per hour. PURPOSE As proposed, S.B. 343 outlines provisions regarding speed limits for certain vehicles on public roads and highways. S.B. 343 creates the category of a towable recreational vehicle under the definition used in the Property Tax Code, Section 23.121(a)(14)(a-d). This distinguishes a TRV from a "house trailer," under Sec. 541.201(f)(5) of the Transportation Code. 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 Section 541.201, Transportation Code, as follows. (5) Deletes previous definition of "House trailer" and changes definition to be a trailer or semitrailer, other than a towable RV that is: (A) transportable in one or more sections; (B) is less than 40 feet in length, excluding tow bar, while travelling; (C) is built on a permanent chassis; (D) is designed to be used as a dwelling or for commercial purposes if hooked up to utilities; and (E) includes plumbing, heating, air-conditioning and electrical system. (18) Adds definition of "towable recreational vehicle." Renumbers remaining sections accordingly. SECTION 2. Amends Section 545.352(b), Transportation Code, by: (2) setting a 70 mph daytime and 65 mph nighttime speed limit for a passenger car or light truck towing a "vessel" as defined by Section 31.003(2), Parks and Wildlife Code, that is less than 26 feet in length; (5) deleting the 45 mph speed limit for vehicles towing a house trailer with a gross vehicle weight of 4,500 pounds or larger than 32 feet. Sets a 50 mph speed limit for school buses on a highway other than an interstate and 55 mph if the bus is on an interstate highway. Sets a 60 mph daytime and 55 mph nighttime speed limit for towable RVs. SECTION 3. Amends Section 621.203(c) and (d), Transportation Code, by exempting towable RVs from the maximum length limits in Sec. 621.203(a). Adds definition of towable RVs for this section. SECTION 4. Amends Section 621.101, Transportation Code, by defining "house trailer" and sets a the speed limit for towing them at 55 mph or the posted speed limit, whichever is less. SECTION 5. (a) Provides that this Act conforms the Transportation Code to changes in law made by Section 1, Chapter 295, Acts of the 74th Legislature, Regular Session, 1995. (b) Repeals Section 1, Chapter 295, Acts of the 74th Legislature, Regular Session, 1995. (c) Provides that this Act prevails over another Act of the 75th Legislature, Regular Session, 1997, relating to nonsubstantive additions and corrections in enacted codes, to the extent of any conflict. SECTION 6. Effective date - September 1, 1997. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The original made no changes to the definition of "house trailer". The substitute creates a new definition. The substitute further defines "towable RV" by adding Subdivision (D) to clarify the uses for a towable RV. SECTION 2. The substitute deletes unnecessary reference to the Parks and Wildlife Code in (b)(2). The substitute deletes a reference to speed limits for a vehicle towing a house trailer to conform to changes in new Section 4, Sec. 623.101. The substitute also deletes a reference in (b)(5)(C) to house trailers. SECTION 3. Moves the repealer provision from Section 3 of the original to Section 5 of the substitute. The substitute adds new Section 3 which amends Sec. 621.203 (c) and (d) by providing that a "towable RV" may be longer than 45 feet but may not be longer than 65 feet including attachment to another motor vehicle and by providing that the terms "house trailer" and "towable RV" have the meaning assigned by Sec. 541.201, Transportation Code. SECTION 4. Moves the effective date from Section 4 of the original to Section 6 of the substitute. The substitute adds new Section 4 which amends Sec. 623.101 (a) and (b) by providing that a house trailer may not be towed in excess of the posted speed limit or 55 miles per hour, whichever is less and by providing that the term "house trailer" has the meaning assigned by Sec. 541.201. SECTION 5. Moves the emergency clause from Section 5 of the original to Section 7 of the substitute. Adds repealer provisions moved from Section 3 of the original. Adds new (b) repealing Section 1, Chapter 295, Acts of the 74th Legislature, Regular Session, 1995. SECTION 6. Effective date moved from Section 4 of the original. SECTION 7. Emergency clause moved from Section 5 of the original.