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.