By Siebert                                      H.B. No. 1524

      75R5429 DRH-F                           

                                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           Sec. 622.133.  AXLE-LOAD RESTRICTIONS.  A vehicle used

1-15     exclusively to transport recyclable materials may be operated on a

1-16     public highway only if the tandem axle load is not heavier than

1-17     44,000 pounds, the single axle load is not heavier than 21,000

1-18     pounds, and the gross load is not heavier than 64,000 pounds.

1-19           Sec. 622.134.  SURETY BOND.  (a)  Except as provided by

1-20     Subsection (c), the owner of a vehicle covered by this subchapter

1-21     with a tandem axle load heavier than 34,000 pounds shall before

1-22     operating the vehicle on a public highway of this state file with

1-23     the department a surety bond subject to the approval of the

1-24     department in the principal amount set by the department not to

 2-1     exceed $15,000 for each vehicle.

 2-2           (b)  The bond must be conditioned that the owner of the

 2-3     vehicle will pay, within the limits of the bond, to the state any

 2-4     damage to a highway and to a municipality any damage to a municipal

 2-5     street caused by the operation of the vehicle.

 2-6           (c)  Subsection (a) does not apply to a vehicle owned by a

 2-7     municipality.

 2-8           Sec. 622.135.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  This

 2-9     subchapter does not authorize the operation on the national system

2-10     of interstate and defense highways in this state of a vehicle of a

2-11     size or weight greater than authorized in 23 U.S.C. Section 127, as

2-12     amended.

2-13           (b)  If the United States authorizes the operation on the

2-14     national system of interstate and defense highways of vehicles of a

2-15     size or weight greater than those authorized on January 1, 1983,

2-16     the new limit automatically takes effect on the national system of

2-17     interstate and defense highways in this state.

2-18           Sec. 622.136.  PENALTIES.  (a)  A person commits an offense

2-19     if the person violates this subchapter.

2-20           (b)  Except as provided by Subsection (c), an offense under

2-21     this section is a misdemeanor punishable:

2-22                 (1)  by a fine not to exceed $200;

2-23                 (2)  on conviction within one year after the date of a

2-24     prior conviction under this section that was punishable under

2-25     Subdivision (1), by a fine not to exceed $500, by confinement in

2-26     the county jail for not more than 60 days, or by both the fine and

2-27     confinement; or

 3-1                 (3)  on conviction within one year after the date of a

 3-2     prior conviction under this section that was punishable under

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

 3-4     the county jail for not more than six months, or by both the fine

 3-5     and confinement.

 3-6           (c)  A corporation is not subject to confinement for an

 3-7     offense under this section, but two times the maximum fine provided

 3-8     for in the applicable subdivision of Subsection (b) may be imposed

 3-9     against the corporation.

3-10           SECTION 2.  (a)  In addition to the substantive changes in

3-11     law made by this Act, this Act adds Subchapter J, Chapter 622,

3-12     Transportation Code, to conform to the change in law made by

3-13     Section 1, Chapter 826, Acts of the 74th Legislature, 1995,

3-14     relating to certain vehicles transporting recyclable materials.

3-15           (b)  Article 6701d-19c, Revised Statutes, is repealed.

3-16           (c)  To the extent of any conflict, this Act prevails over

3-17     another Act of the 75th Legislature, Regular Session, 1997,

3-18     relating to nonsubstantive additions to and corrections in enacted

3-19     codes.

3-20           SECTION 3.  This Act takes effect July 15, 1997.

3-21           SECTION 4.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended,

3-26     and that this Act take effect and be in force according to its

3-27     terms, and it is so enacted.