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.