75R10434 DWS-F
By Harris S.B. No. 343
Substitute the following for S.B. No. 343:
By Siebert C.S.S.B. No. 343
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to speed limits for vehicles towing certain trailers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 541.201, Transportation Code, is amended
1-5 to read as follows:
1-6 Sec. 541.201. VEHICLES. In this subtitle:
1-7 (1) "Authorized emergency vehicle" means:
1-8 (A) a fire department or police vehicle;
1-9 (B) a public or private ambulance operated by a
1-10 person who has been issued a license by the Texas Department of
1-11 Health;
1-12 (C) a municipal department or public service
1-13 corporation emergency vehicle that has been designated or
1-14 authorized by the governing body of a municipality;
1-15 (D) a private vehicle of a volunteer firefighter
1-16 or a certified emergency medical services employee or volunteer
1-17 when responding to a fire alarm or medical emergency;
1-18 (E) an industrial emergency response vehicle,
1-19 including an industrial ambulance, when responding to an emergency,
1-20 but only if the vehicle is operated in compliance with criteria in
1-21 effect September 1, 1989, and established by the Texas Industrial
1-22 Fire Training Board of the State Firemen's and Fire Marshals'
1-23 Association of Texas; or
1-24 (F) a vehicle of a blood bank or tissue bank,
2-1 accredited or approved under the laws of this state or the United
2-2 States, when making emergency deliveries of blood, drugs,
2-3 medicines, or organs.
2-4 (2) "Bicycle" means a device that a person may ride
2-5 and that is propelled by human power and has two tandem wheels at
2-6 least one of which is more than 14 inches in diameter.
2-7 (3) "Bus" means:
2-8 (A) a motor vehicle used to transport persons
2-9 and designed to accommodate more than 10 passengers; or
2-10 (B) a motor vehicle, other than a taxicab,
2-11 designed and used to transport persons for compensation.
2-12 (4) "Farm tractor" means a motor vehicle designed and
2-13 used primarily as a farm implement to draw an implement of
2-14 husbandry, including a plow or a mowing machine.
2-15 (5) "House trailer" means a trailer or semitrailer,
2-16 other than a towable recreational vehicle, that:
2-17 (A) is transportable on a highway in one or more
2-18 sections;
2-19 (B) is less than 40 feet in length, excluding
2-20 tow bar, while in the traveling mode;
2-21 (C) is built on a permanent chassis;
2-22 (D) is designed to be used as a dwelling or for
2-23 commercial purposes if connected to required utilities; and
2-24 (E) includes plumbing, heating,
2-25 air-conditioning, and electrical systems [is equipped to travel on
2-26 a highway and that:]
2-27 [(A) is designed, constructed, and equipped as a
3-1 permanent or temporary dwelling or sleeping place; or]
3-2 [(B) has a chassis and exterior shell designed
3-3 and constructed for a purpose described by Paragraph (A) but is
3-4 used permanently or temporarily for a commercial purpose, including
3-5 advertising, selling, displaying, or promoting merchandise or
3-6 services, other than transporting property for hire or for
3-7 distribution by a private carrier].
3-8 (6) "Implement of husbandry" means a vehicle, other
3-9 than a passenger car or truck, that is designed and adapted for use
3-10 as a farm implement, machinery, or tool for tilling the soil.
3-11 (7) "Light truck" means a truck, including a pickup
3-12 truck, panel delivery truck, or carryall truck, that has a
3-13 manufacturer's rated carrying capacity of 2,000 pounds or less.
3-14 (8) "Moped" means a motor-driven cycle that cannot
3-15 attain a speed in one mile of more than 30 miles per hour and the
3-16 engine of which:
3-17 (A) cannot produce more than two-brake
3-18 horsepower; and
3-19 (B) if an internal combustion engine, has a
3-20 piston displacement of 50 cubic centimeters or less and connects to
3-21 a power drive system that does not require the operator to shift
3-22 gears.
3-23 (9) "Motorcycle" means a motor vehicle, other than a
3-24 tractor, that is equipped with a rider's saddle and designed to
3-25 have when propelled not more than three wheels on the ground.
3-26 (10) "Motor-driven cycle" means a motorcycle equipped
3-27 with a motor that has an engine piston displacement of 125 cubic
4-1 centimeters or less.
4-2 (11) "Motor vehicle" means a self-propelled vehicle or
4-3 a vehicle that is propelled by electric power from overhead trolley
4-4 wires.
4-5 (12) "Passenger car" means a motor vehicle, other than
4-6 a motorcycle, used to transport persons and designed to accommodate
4-7 10 or fewer passengers.
4-8 (13) "Pole trailer" means a vehicle without motive
4-9 power:
4-10 (A) designed to be drawn by another vehicle and
4-11 secured to the other vehicle by pole, reach, boom, or other
4-12 security device; and
4-13 (B) ordinarily used to transport a long or
4-14 irregularly shaped load, including poles, pipes, or structural
4-15 members, generally capable of sustaining themselves as beams
4-16 between the supporting connections.
4-17 (14) "Road tractor" means a motor vehicle designed and
4-18 used to draw another vehicle but not constructed to carry a load
4-19 independently or a part of the weight of the other vehicle or its
4-20 load.
4-21 (15) "School bus" means a motor vehicle, other than a
4-22 bus used in an urban area by a common carrier to transport
4-23 schoolchildren, that:
4-24 (A) is being used to transport children to or
4-25 from a school or school-related activity; and
4-26 (B) complies with the color and identification
4-27 requirements provided in the most recent edition of standards
5-1 produced and sponsored by the National Education Association's
5-2 National Commission on Safety Education.
5-3 (16) "Semitrailer" means a vehicle with or without
5-4 motive power, other than a pole trailer:
5-5 (A) designed to be drawn by a motor vehicle and
5-6 to transport persons or property; and
5-7 (B) constructed so that part of the vehicle's
5-8 weight and load rests on or is carried by another vehicle.
5-9 (17) "Special mobile equipment" means a vehicle that
5-10 is not designed or used primarily to transport persons or property
5-11 and that is only incidentally operated on a highway. The term:
5-12 (A) includes ditchdigging apparatus, well boring
5-13 apparatus, and road construction and maintenance machinery,
5-14 including an asphalt spreader, bituminous mixer, bucket loader,
5-15 tractor other than a truck tractor, ditcher, levelling grader,
5-16 finishing machine, motor grader, road roller, scarifier,
5-17 earth-moving carryall and scraper, power shovel or dragline, or
5-18 self-propelled crane and earth-moving equipment; and
5-19 (B) excludes a vehicle that is designed to
5-20 transport persons or property and that has machinery attached,
5-21 including a house trailer, dump truck, truck-mounted transit mixer,
5-22 crane, and shovel.
5-23 (18) "Towable recreational vehicle" means a
5-24 nonmotorized vehicle that:
5-25 (A) is designed:
5-26 (i) to be towable by a motor vehicle; and
5-27 (ii) for temporary human habitation for
6-1 uses including recreational camping or seasonal use;
6-2 (B) is permanently built on a single chassis;
6-3 (C) may contain one or more life-support
6-4 systems; and
6-5 (D) may be used permanently or temporarily for
6-6 advertising, selling, displaying, or promoting merchandise or
6-7 services, but is not used for transporting property for hire or for
6-8 distribution by a private carrier.
6-9 (19) "Trailer" means a vehicle, other than a pole
6-10 trailer, with or without motive power:
6-11 (A) designed to be drawn by a motor vehicle and
6-12 to transport persons or property; and
6-13 (B) constructed so that no part of the vehicle's
6-14 weight and load rests on the motor vehicle.
6-15 (20) [(19)] "Truck" means a motor vehicle designed,
6-16 used, or maintained primarily to transport property.
6-17 (21) [(20)] "Truck tractor" means a motor vehicle
6-18 designed and used primarily to draw another vehicle but not
6-19 constructed to carry a load other than a part of the weight of the
6-20 other vehicle and its load.
6-21 (22) [(21)] "Vehicle" means a device that can be used
6-22 to transport or draw persons or property on a highway. The term
6-23 does not include:
6-24 (A) a device exclusively used on stationary
6-25 rails or tracks; or
6-26 (B) manufactured housing as that term is defined
6-27 by the Texas Manufactured Housing Standards Act (Article 5221f,
7-1 Vernon's Texas Civil Statutes).
7-2 SECTION 2. Section 545.352(b), Transportation Code, is
7-3 amended to read as follows:
7-4 (b) Unless a special hazard exists that requires a slower
7-5 speed for compliance with Section 545.351(b), the following speeds
7-6 are lawful:
7-7 (1) 30 miles per hour in an urban district on a street
7-8 other than an alley and 15 miles per hour in an alley;
7-9 (2) 70 miles per hour in daytime and 65 miles per hour
7-10 in nighttime if the vehicle is a passenger car, [or] motorcycle, or
7-11 passenger car or light truck towing a trailer bearing a vessel, as
7-12 defined by Section 31.003, Parks and Wildlife Code, that is less
7-13 than 26 feet in length, on a highway numbered by this state or the
7-14 United States outside an urban district, including a farm-to-market
7-15 or ranch-to-market road;
7-16 (3) 60 miles per hour in daytime and 55 miles per hour
7-17 in nighttime if the vehicle is a passenger car or motorcycle on a
7-18 highway that is outside an urban district and not a highway
7-19 numbered by this state or the United States;
7-20 (4) 60 miles per hour outside an urban district if a
7-21 speed limit for the vehicle is not otherwise specified by this
7-22 section; or
7-23 (5) outside an urban district:
7-24 (A) [45 miles per hour, if the vehicle is towing
7-25 a house trailer of an actual or registered gross weight heavier
7-26 than 4,500 pounds or larger than 32 feet, excluding the tow bar;]
7-27 [(B)] 50 miles per hour if the vehicle is a
8-1 school bus on a highway other than an interstate highway;
8-2 (B) 55 miles per hour if the vehicle is a school
8-3 bus on an interstate highway; or
8-4 (C) 60 miles per hour in daytime and 55 miles
8-5 per hour in nighttime if the vehicle is a truck, other than a light
8-6 truck, or if the vehicle is a truck tractor, trailer, or
8-7 semitrailer, or a vehicle towing a trailer, semitrailer, another
8-8 motor vehicle or towable recreational vehicle [house trailer of an
8-9 actual or registered gross weight lighter than 4,500 pounds and a
8-10 length of 32 feet or shorter, excluding the tow bar].
8-11 SECTION 3. Sections 621.203(c) and (d), Transportation Code,
8-12 are amended to read as follows:
8-13 (c) The limitation prescribed by Subsection (a) does not
8-14 apply to a house trailer or towable recreational vehicle or a
8-15 combination of a house trailer or towable recreational vehicle and
8-16 a motor vehicle [if the owner of the house trailer has paid all
8-17 taxes, including ad valorem taxes, and fees due and payable on the
8-18 house trailer under the laws of this state]. A house trailer or
8-19 towable recreational vehicle and motor vehicle combination may not
8-20 be longer than 65 feet.
8-21 (d) In this section, "house trailer" and "towable
8-22 recreational vehicle" have the meanings assigned by Section 541.201
8-23 [means a living quarters that is equipped and used for sleeping
8-24 and eating and that may be moved over a public highway by being
8-25 pulled behind a motor vehicle].
8-26 SECTION 4. Section 623.101, Transportation Code, is amended
8-27 to read as follows:
9-1 Sec. 623.101. SPEED LIMIT. (a) A manufactured house or
9-2 house trailer may not be towed in excess of the posted speed limit
9-3 or 55 miles per hour, whichever is less.
9-4 (b) In this section, "house trailer" has the meaning
9-5 assigned by Section 541.201.
9-6 SECTION 5. (a) In addition to the substantive changes in
9-7 law made by this Act, this Act conforms the Transportation Code to
9-8 changes in law made by Section 1, Chapter 295, Acts of the 74th
9-9 Legislature, Regular Session, 1995.
9-10 (b) Section 1, Chapter 295, Acts of the 74th Legislature,
9-11 Regular Session, 1995, is repealed.
9-12 (c) To the extent of any conflict, this Act prevails over
9-13 another Act of the 75th Legislature, Regular Session, 1997,
9-14 relating to nonsubstantive additions and corrections in enacted
9-15 codes.
9-16 SECTION 6. This Act takes effect September 1, 1997.
9-17 SECTION 7. The importance of this legislation and the
9-18 crowded condition of the calendars in both houses create an
9-19 emergency and an imperative public necessity that the
9-20 constitutional rule requiring bills to be read on three several
9-21 days in each house be suspended, and this rule is hereby suspended.