By Siebert H.B. No. 1524 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the weight of vehicles transporting recyclable 1-3 materials. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 622, Transportation Code, is amended by 1-6 adding Subchapter J to read as follows: 1-7 SUBCHAPTER J. CERTAIN VEHICLES TRANSPORTING 1-8 RECYCLABLE MATERIALS 1-9 Sec. 622.131. DEFINITION. In this subchapter, "recyclable 1-10 material" has the meaning assigned by Section 361.421, Health and 1-11 Safety Code. 1-12 Sec. 622.132. APPLICABILITY OF SUBCHAPTER. This subchapter 1-13 applies only to a vehicle other than a tractor-trailer combination, 1-14 only if equipped with a container roll-off unit or a front-end 1-15 loader. 1-16 Sec. 622.133. AXLE-LOAD RESTRICTIONS. A vehicle used 1-17 exclusively to transport recyclable materials may be operated on a 1-18 public highway only if the tandem axle load is not heavier than 1-19 44,000 pounds, a single axle load is not heavier than 21,000 1-20 pounds, and the gross load is not heavier than 64,000 pounds. 1-21 Sec. 622.134. SURETY BOND. (a) Except as provided by 1-22 Subsection (c), the owner of a vehicle covered by this subchapter 1-23 with a tandem axle load heavier than 34,000 pounds shall before 1-24 operating the vehicle on a public highway of this state file with 2-1 the department a surety bond subject to the approval of the 2-2 department in the principal amount set by the department not to 2-3 exceed $15,000 for each vehicle. 2-4 (b) The bond must be conditioned that the owner of the 2-5 vehicle will pay, within the limits of the bond, to the state any 2-6 damage to a highway and to a municipality any damage to a municipal 2-7 street caused by the operation of the vehicle. 2-8 (c) Subsection (a) does not apply to a vehicle owned by a 2-9 municipality. 2-10 Sec. 622.135. INTERSTATE AND DEFENSE HIGHWAYS. (a) This 2-11 subchapter does not authorize the operation on the national system 2-12 of interstate and defense highways in this state of a vehicle of a 2-13 size or weight greater than authorized in 23 U.S.C. Section 127, as 2-14 amended. 2-15 (b) If the United States government authorizes the operation 2-16 on the national system of interstate and defense highways of 2-17 vehicles of a size or weight greater than those authorized on 2-18 January 1, 1983, the new limit automatically takes effect on the 2-19 national system of interstate and defense highways in this state. 2-20 Sec. 622.136. PENALTIES. (a) A person commits an offense 2-21 if the person violates this subchapter. 2-22 (b) Except as provided by Subsection (c), an offense under 2-23 this section is a misdemeanor punishable: 2-24 (1) by a fine not to exceed $200; 2-25 (2) on conviction within one year after the date of a 2-26 prior conviction under this section that was punishable under 2-27 Subdivision (1), by a fine not to exceed $500, by confinement in 3-1 the county jail for not more than 60 days, or by both the fine and 3-2 confinement; or 3-3 (3) on conviction within one year after the date of a 3-4 prior conviction under this section that was punishable under 3-5 Subdivision (2), by a fine not to exceed $1,000, by confinement in 3-6 the county jail for not more than six months, or by both the fine 3-7 and confinement. 3-8 (c) A corporation is not subject to confinement for an 3-9 offense under this section, but two times the maximum fine provided 3-10 for in the applicable subdivision of Subsection (b) may be imposed 3-11 against the corporation. 3-12 SECTION 2. (a) In addition to the substantive changes in 3-13 law made by this Act, this Act adds Subchapter J, Chapter 622, 3-14 Transportation Code, to conform to the change in law made by 3-15 Section 1, Chapter 826, Acts of the 74th Legislature, Regular 3-16 Session, 1995, relating to certain vehicles transporting recyclable 3-17 materials. 3-18 (b) Article 6701d-19c, Revised Statutes, is repealed. 3-19 (c) To the extent of any conflict, this Act prevails over 3-20 another Act of the 75th Legislature, Regular Session, 1997, 3-21 relating to nonsubstantive additions to and corrections in enacted 3-22 codes. 3-23 SECTION 3. This Act takes effect July 15, 1997. 3-24 SECTION 4. The importance of this legislation and the 3-25 crowded condition of the calendars in both houses create an 3-26 emergency and an imperative public necessity that the 3-27 constitutional rule requiring bills to be read on three several 4-1 days in each house be suspended, and this rule is hereby suspended, 4-2 and that this Act take effect and be in force according to its 4-3 terms, and it is so enacted.