1-1                                   AN ACT

 1-2     relating to the weight of vehicles transporting recyclable

 1-3     materials; providing penalties.

 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, to a county any damage to a county road, and

 2-7     to a municipality any damage to a municipal street caused by the

 2-8     operation of the vehicle.

 2-9           (c)  Subsection (a) does not apply to a vehicle owned by a

2-10     municipality or a county.

2-11           Sec. 622.135.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  This

2-12     subchapter does not authorize the operation on the national system

2-13     of interstate and defense highways in this state of a vehicle of a

2-14     size or weight greater than authorized in 23 U.S.C. Section 127, as

2-15     amended.

2-16           (b)  If the United States government authorizes the operation

2-17     on the national system of interstate and defense highways of

2-18     vehicles of a size or weight greater than those authorized on

2-19     January 1, 1983, the new limit automatically takes effect on the

2-20     national system of interstate and defense highways in this state.

2-21           Sec. 622.136.  PENALTIES.  (a)  A person commits an offense

2-22     if the person violates this subchapter.

2-23           (b)  Except as provided by Subsection (c), an offense under

2-24     this section is a misdemeanor punishable:

2-25                 (1)  by a fine not to exceed $200;

2-26                 (2)  on conviction within one year after the date of a

2-27     prior conviction under this section that was punishable under

 3-1     Subdivision (1), by a fine not to exceed $500, by confinement in

 3-2     the county jail for not more than 60 days, or by both the fine and

 3-3     confinement; or

 3-4                 (3)  on conviction within one year after the date of a

 3-5     prior conviction under this section that was punishable under

 3-6     Subdivision (2), by a fine not to exceed $1,000, by confinement in

 3-7     the county jail for not more than six months, or by both the fine

 3-8     and confinement.

 3-9           (c)  A corporation is not subject to confinement for an

3-10     offense under this section, but two times the maximum fine provided

3-11     for in the applicable subdivision of Subsection (b) may be imposed

3-12     against the corporation.

3-13           SECTION 2.  (a)  In addition to the substantive changes in

3-14     law made by this Act, this Act adds Subchapter J, Chapter 622,

3-15     Transportation Code, to conform to the change in law made by

3-16     Section 1, Chapter 826, Acts of the 74th Legislature, Regular

3-17     Session, 1995, relating to certain vehicles transporting recyclable

3-18     materials.

3-19           (b)  Article 6701d-19c, Revised Statutes, is repealed.

3-20           (c)  To the extent of any conflict, this Act prevails over

3-21     another Act of the 75th Legislature, Regular Session, 1997,

3-22     relating to nonsubstantive additions to and corrections in enacted

3-23     codes.

3-24           SECTION 3.  This Act takes effect July 15, 1997.

3-25           SECTION 4.  The importance of this legislation and the

3-26     crowded condition of the calendars in both houses create an

3-27     emergency and an imperative public necessity that the

 4-1     constitutional rule requiring bills to be read on three several

 4-2     days in each house be suspended, and this rule is hereby suspended,

 4-3     and that this Act take effect and be in force according to its

 4-4     terms, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1524 was passed by the House on April

         10, 1997, by the following vote:  Yeas 142, Nays 0, 1 present, not

         voting; and that the House concurred in Senate amendments to H.B.

         No. 1524 on May 15, 1997, by the following vote:  Yeas 141, Nays 0,

         1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1524 was passed by the Senate, with

         amendments, on May 13, 1997, by the following vote:  Yeas 29, Nays

         1.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor