SRC-JBJ S.B. 1648 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1648
By: Cain
Infrastructure
3/21/1999
As Filed


DIGEST 

Currently, certain vehicles may operate in excess of standard legal weight
restrictions under Chapters 622B, 622J, and 623H, Transportation Code.  The
vehicles include those used exclusively to transport solid waste,
ready-mixed concrete trucks, and vehicles used exclusively to transport
recyclable materials.  Prior to operating these vehicles, the owner must
file with the Texas Department of Transportation (TxDOT) a surety bond,
which must condition the owner of the vehicle to pay the state, within the
limits of the bond, the state any damage to a highway caused by the
operation of the vehicle.  However, the requirement to file a surety bond
has provided little if any benefit to the state while serving as a cost to
both TxDOT and the trucking industry.  Meanwhile, the carrier's insurance
has proven to be sufficient to protect in protecting the state against
damages. Requiring permits for these vehicles and charging a fee would
allow TxDOT to recover its costs as well as provide a mechanism for TxDOT
to determine how many of the vehicles are traveling on the state highway
system.  S.B. 1648 would require permits for certain overweight vehicles
and eliminate the requirement that owners of these vehicles file a surety
bond with TxDOT. 

PURPOSE

As proposed, S.B. 1648 requires permits for certain overweight vehicles and
eliminates the requirement that owners of these vehicles file a surety bond
with the Texas Department of Transportation. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the governing body of a county or
municipality that has a public highway under its jurisdiction (Section
623.234(a), Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 623.162, Transportation Code, as follows:

Sec. 623.162.  New heading.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.
Requires the Department of Public Safety (DPS) to issue a permit to a
person to operate on a state highway a vehicle used exclusively to
transport solid waste with a certain weight. Makes nonsubstantive changes.

SECTION 2.  Amends Section 623.163, Transportation Code, as follows:

Sec. 623.163.  New heading:  PERMIT FEE.  Requires an application to be
accompanied with a permit fee according to a fee structure.  Requires DPS
to send the fee to the comptroller.  Deletes the requirement that an owner
of certain heavy vehicles file a surety bond, and that the bond condition
the owner to pay for damages caused by the operation of the vehicle.
Deletes the provision that this section does not apply to a municipally
owned vehicle. 

SECTION 3.  Amends Chapter 623H, Transportation Code, by adding Section
623.1635, as follows: 

Sec. 623.1635.  COMPLIANCE WITH OTHER LAWS.  Authorizes a permit to be
issued only if the vehicle to be operated under the permit meets certain
requirements. 
 
SECTION 4.  Amends Chapter 623H, Transportation Code, by adding Section
623.1645, as follows: 

Sec. 623.1645.  EXCEPTION.  Authorizes a vehicle owned by a municipality or
a county to  be operated within certain weight limits without obtaining a
permit or pay a fee. 

SECTION 5.  Amends Section 623.165(a), Transportation Code, to set forth
situations in which a permitted person commits an offense.  Makes a
conforming change. 

SECTION 6.  Amends Chapter 623, Transportation Code, by adding Subchapter
L, as follows: 

SUBCHAPTER L.  VEHICLES TRANSPORTING READY-MIXED CONCRETE

Sec. 623.231.  DEFINITION:  DESIGNATION AS PERISHABLE.  Defines
"ready-mixed concrete truck." 

Sec. 623.232.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.  Requires DPS to
issue a permit to a person to operate on a state highway a ready-mixed
concrete truck with certain weight limitations.   

Sec. 623.233.  PERMIT FEE.  Requires an application to be accompanies with
certain fees. Requires DPS to send the collected fees to the comptroller. 

Sec. 623.234.  LOCAL REGULATION.  Authorizes a governing body of a county
or municipality to prescribe rules for the operation of ready-mixed
concrete trucks over public highways maintained by the county or
municipality that are insufficient to carry certain loads. Authorizes the
rules to include certain weight limitations. 

Sec. 623.235.  LOCAL SURETY BOND.  Authorizes the governing body to require
an owner of the concrete truck to file a surety bond of up to $15,000, and
conditioned that the owner will pay for damages caused by the operation of
a vehicle with a tandem axle load heavier than 34,000 pounds. 

Sec. 623.236.  COMPLIANCE WITH OTHER LAWS.  Authorizes the permit to be
issued only if the vehicle meets certain requirements. 

Sec. 623.237.  INTERSTATE AND DEFENSE HIGHWAYS.  Provides that the permit
does not authorize operation of the vehicle on the national system of
interstate and defense highways. Provides that if the United States
authorizes operation of the truck with a weight greater than that
authorized on January 1, 1977, the new limit automatically takes effect on
the national highways.   

Sec. 623.238.  EXCEPTION.  Authorizes a municipally owned vehicle to be
operated without the permit. 

Sec. 623.239.  PENALTIES.  Sets forth circumstances that a person holding
the permit commits an offense.  Establishes that an offense is a
misdemeanor with certain fines or convictions. Provides that a corporation
is not subject to confinement for an offense under this section, but two
times the maximum fine may be imposed on the corporation. 

SECTION 7.  Amends Chapter 623, Transportation Code, by adding Subchapter
M, as follows: 

SUBCHAPTER M.  CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS

 Sec. 623.251.  DEFINITION.  Defines "recyclable material."

Sec. 623.252.  APPLICABILITY OF SUBCHAPTER.  Applies this chapter to a
vehicle other than a tractor-trailer combination, if equipped with a
container roll-off unit or a front-end loader. 

Sec. 623.253.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.  Requires DPS to
issue a permit to a person to operate a vehicle with certain loads on state
highways. 

Sec. 623.254.  PERMIT FEE.  Sets forth the required fee amounts for an
application.  Requires DPS to send the collected fees to the comptroller. 

 Sec. 623.255.  COMPLIANCE WITH OTHER LAWS.  Authorizes the issue of the
permit only for certain uses. 

Sec. 623.256.  INTERSTATE AND DEFENSE HIGHWAYS.  Provides that the permit
does not authorize operation on the national system of interstate and
defense highways in this state of a vehicle heavier than a certain weight.
Provides that a weight or size restriction changed by the United States to
a weight greater than that authorized on January 1, 1987, takes effect
automatically. 

Sec. 623.257.  EXCEPTION.  Authorizes a municipally or county owned vehicle
to be operated within the weight limits without obtaining the permit or
paying the fees. 

Sec. 623.258.  PENALTIES.  Sets forth conditions under which an offense is
committed by a permit holder.  Establishes that an offense is a misdemeanor
with certain fines or convictions. Provides that a corporation is not
subject to confinement for an offense under this section, but two times the
maximum fine may be imposed on the corporation. 

SECTION 8.  Repealer:  Chapters 622B and 622J, Transportation Code
(Vehicles Transporting ReadyMixed Concrete, Certain Vehicles Transporting
Recyclable Materials). 

SECTION 9. Effective date: September 1, 2000.

SECTION 10.Emergency clause.