1-1 By: Siebert (Senate Sponsor - Armbrister) H.B. No. 1524 1-2 (In the Senate - Received from the House April 11, 1997; 1-3 April 14, 1997, read first time and referred to Committee on State 1-4 Affairs; May 6, 1997, reported favorably, as amended, by the 1-5 following vote: Yeas 12, Nays 1; May 6, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Galloway 1-7 Amend H.B. 1524 in Section 622.134(b), Transportation Code, on 1-8 page , line , by inserting ", to a county any damage to a county 1-9 road" between "highway" and "and". 1-10 COMMITTEE AMENDMENT NO. 2 By: Galloway 1-11 Amend H.B. 1524 in Section 622.134(b), Transportation Code, on 1-12 page , line , between "municipality" and "." by adding "or a 1-13 county". 1-14 A BILL TO BE ENTITLED 1-15 AN ACT 1-16 relating to the weight of vehicles transporting recyclable 1-17 materials. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Chapter 622, Transportation Code, is amended by 1-20 adding Subchapter J to read as follows: 1-21 SUBCHAPTER J. CERTAIN VEHICLES TRANSPORTING 1-22 RECYCLABLE MATERIALS 1-23 Sec. 622.131. DEFINITION. In this subchapter, "recyclable 1-24 material" has the meaning assigned by Section 361.421, Health and 1-25 Safety Code. 1-26 Sec. 622.132. APPLICABILITY OF SUBCHAPTER. This subchapter 1-27 applies only to a vehicle other than a tractor-trailer combination, 1-28 only if equipped with a container roll-off unit or a front-end 1-29 loader. 1-30 Sec. 622.133. AXLE-LOAD RESTRICTIONS. A vehicle used 1-31 exclusively to transport recyclable materials may be operated on a 1-32 public highway only if the tandem axle load is not heavier than 1-33 44,000 pounds, a single axle load is not heavier than 21,000 1-34 pounds, and the gross load is not heavier than 64,000 pounds. 1-35 Sec. 622.134. SURETY BOND. (a) Except as provided by 1-36 Subsection (c), the owner of a vehicle covered by this subchapter 1-37 with a tandem axle load heavier than 34,000 pounds shall before 1-38 operating the vehicle on a public highway of this state file with 1-39 the department a surety bond subject to the approval of the 1-40 department in the principal amount set by the department not to 1-41 exceed $15,000 for each vehicle. 1-42 (b) The bond must be conditioned that the owner of the 1-43 vehicle will pay, within the limits of the bond, to the state any 1-44 damage to a highway and to a municipality any damage to a municipal 1-45 street caused by the operation of the vehicle. 1-46 (c) Subsection (a) does not apply to a vehicle owned by a 1-47 municipality. 1-48 Sec. 622.135. INTERSTATE AND DEFENSE HIGHWAYS. (a) This 1-49 subchapter does not authorize the operation on the national system 1-50 of interstate and defense highways in this state of a vehicle of a 1-51 size or weight greater than authorized in 23 U.S.C. Section 127, as 1-52 amended. 1-53 (b) If the United States government authorizes the operation 1-54 on the national system of interstate and defense highways of 1-55 vehicles of a size or weight greater than those authorized on 1-56 January 1, 1983, the new limit automatically takes effect on the 1-57 national system of interstate and defense highways in this state. 1-58 Sec. 622.136. PENALTIES. (a) A person commits an offense 1-59 if the person violates this subchapter. 1-60 (b) Except as provided by Subsection (c), an offense under 1-61 this section is a misdemeanor punishable: 1-62 (1) by a fine not to exceed $200; 1-63 (2) on conviction within one year after the date of a 1-64 prior conviction under this section that was punishable under 2-1 Subdivision (1), by a fine not to exceed $500, by confinement in 2-2 the county jail for not more than 60 days, or by both the fine and 2-3 confinement; or 2-4 (3) on conviction within one year after the date of a 2-5 prior conviction under this section that was punishable under 2-6 Subdivision (2), by a fine not to exceed $1,000, by confinement in 2-7 the county jail for not more than six months, or by both the fine 2-8 and confinement. 2-9 (c) A corporation is not subject to confinement for an 2-10 offense under this section, but two times the maximum fine provided 2-11 for in the applicable subdivision of Subsection (b) may be imposed 2-12 against the corporation. 2-13 SECTION 2. (a) In addition to the substantive changes in 2-14 law made by this Act, this Act adds Subchapter J, Chapter 622, 2-15 Transportation Code, to conform to the change in law made by 2-16 Section 1, Chapter 826, Acts of the 74th Legislature, Regular 2-17 Session, 1995, relating to certain vehicles transporting recyclable 2-18 materials. 2-19 (b) Article 6701d-19c, Revised Statutes, is repealed. 2-20 (c) To the extent of any conflict, this Act prevails over 2-21 another Act of the 75th Legislature, Regular Session, 1997, 2-22 relating to nonsubstantive additions to and corrections in enacted 2-23 codes. 2-24 SECTION 3. This Act takes effect July 15, 1997. 2-25 SECTION 4. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 2-28 constitutional rule requiring bills to be read on three several 2-29 days in each house be suspended, and this rule is hereby suspended, 2-30 and that this Act take effect and be in force according to its 2-31 terms, and it is so enacted. 2-32 * * * * *