By Denny                                               H.B. No. 936
         76R2905 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operation of overweight vehicles on certain
 1-3     farm-to-market and ranch-to-market roads.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 545.3535, Transportation Code, is amended
 1-6     by adding Subsection (e) to read as follows:
 1-7           (e)  The commission may set a reasonable and safe prima facie
 1-8     speed limit that is lower than a speed limit established under
 1-9     Section 545.352 for an overweight vehicle on a farm-to-market or a
1-10     ranch-to-market road that has only two lanes under Section 621.006
1-11     without an engineering and traffic investigation.
1-12           SECTION 2.  Subchapter A, Chapter 621, Transportation Code,
1-13     is amended by adding Section 621.007 to read as follows:
1-14           Sec. 621.007.  RESTRICTED OPERATION OF OVERWEIGHT VEHICLES ON
1-15     CERTAIN FARM-TO-MARKET AND RANCH-TO-MARKET ROADS.  (a)  The
1-16     commissioners court of a county may request the department to
1-17     restrict or otherwise limit the operation of  overweight vehicles
1-18     on a farm-to-market or ranch-to-market road that has only two
1-19     lanes.  The request must specify the road or portion of the road
1-20     that is the subject of the request.
1-21           (b)  On receiving a request under Subsection (a), the
1-22     department by rule may restrict or otherwise limit the operation of
1-23     overweight vehicles, including a vehicle with a permit issued under
1-24     Chapter 623, on the farm-to-market or a ranch-to-market road if the
 2-1     department finds that the operation of overweight vehicles on the
 2-2     road or portion of the road:
 2-3                 (1)  substantially increases traffic congestion;
 2-4                 (2)  poses a traffic safety problem; or
 2-5                 (3)  leads to significant premature deterioration of
 2-6     the road.
 2-7           (c)  The restrictions may:
 2-8                 (1)  limit the operation of an overweight vehicle on
 2-9     the road or portion of the road to only certain hours of the day;
2-10                 (2)  limit the total number of overweight vehicles that
2-11     may use the road during a day;
2-12                 (3)  prohibit the operation of an overweight vehicle on
2-13     the road or portion of the road;
2-14                 (4)  be directed to certain types of overweight
2-15     vehicles only;
2-16                 (5)  limit the maximum speed at which an overweight
2-17     vehicle may be operated on the road or portion of the road; and
2-18                 (6)  otherwise limit the operation of an overweight
2-19     vehicle in any manner designed to remedy the department's finding
2-20     in Subsection (b).
2-21           (d)  The department shall provide notice to holders of a
2-22     permit issued under Chapter 623 of any restriction or limitation
2-23     adopted under this section.
2-24           (e)  A person commits an offense if the person violates a
2-25     rule adopted under this section.  An offense under this section is
2-26     a Class C misdemeanor.
2-27           SECTION 3.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended,
 3-5     and that this Act take effect and be in force from and after its
 3-6     passage, and it is so enacted.