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.