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.

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