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.