By Hill                                               H.B. No. 3063
         76R6693 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the issuance of permits for the operation of certain
 1-3     vehicles that exceed maximum allowable weight limitations;
 1-4     providing criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 623.162, Transportation Code, is amended
 1-7     to read as follows:
 1-8           Sec. 623.162.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.  The
 1-9     department shall issue a permit to a person who has applied under
1-10     this subchapter to operate on a public highway of  this state a [A]
1-11     vehicle used exclusively to transport solid waste [may be operated
1-12     on a public highway of this state] only if:
1-13                 (1)  the tandem axle load is not heavier than 44,000
1-14     pounds;[,]
1-15                 (2)  the single axle load is not heavier than 21,000
1-16     pounds;[,] and
1-17                 (3)  the gross load is not heavier than 64,000 pounds.
1-18           SECTION 2.  Section 623.163, Transportation Code, is amended
1-19     to read as follows:
1-20           Sec. 623.163.  PERMIT FEE [SURETY BOND].  (a)  An application
1-21     for a permit under this subchapter must be accompanied by a permit
1-22     fee of:
1-23                 (1)  $20 per vehicle for one year; or
1-24                 (2)  $40 per vehicle for two years [The owner of a
 2-1     vehicle used exclusively to transport solid waste with a tandem
 2-2     axle load heavier than  34,000 pounds shall before operating the
 2-3     vehicle on a public highway of this state file with the department
 2-4     a surety bond subject to the approval of the department in the
 2-5     principal amount set by the department not to exceed $15,000 for
 2-6     each vehicle].
 2-7           (b)  The department shall send each fee collected under
 2-8     Subsection (a)  to the comptroller for deposit to the credit of the
 2-9     state highway fund  [The bond must be conditioned that the owner of
2-10     the vehicle will pay to the state and to any municipality in which
2-11     the vehicle is operated on a municipal street, within the limit of
2-12     the bond, any damages to a highway or municipal street caused by
2-13     the operation of the vehicle.]
2-14           [(c)  This section does not apply to a vehicle owned by a
2-15     municipality].
2-16           SECTION 3.  Subchapter H, Chapter 623, Transportation Code,
2-17     is amended by adding Sections 623.166 and 623.167 to read as
2-18     follows:
2-19           Sec. 623.166.  COMPLIANCE WITH OTHER LAWS.  A permit may be
2-20     issued under this subchapter only if the vehicle operated under the
2-21     permit  is:
2-22                 (1)  registered under Chapter 502 for a maximum gross
2-23     weight applicable to the vehicle under Section 621.101; and
2-24                 (2)  operated by a motor carrier registered under
2-25     Chapter 643 or 645.
2-26           Sec. 623.167.  EXCEPTION.  A vehicle owned by a municipality
2-27     or a county may be operated within the weight limits prescribed by
 3-1     Section 623.162 without obtaining a permit or paying a fee under
 3-2     this subchapter.
 3-3           SECTION 4.  Section 623.165(a), Transportation Code, is
 3-4     amended to read as follows:
 3-5           (a)  A person commits an offense if the person is criminally
 3-6     negligent in the operation or the direction of operation of a
 3-7     vehicle described by Section 623.162 on a public highway at a
 3-8     weight in excess of the limit authorized by Section 623.162
 3-9     [violates this subchapter].
3-10           SECTION 5.  Chapter 623, Transportation Code, is amended by
3-11     adding Subchapter L to read as follows:
3-12          SUBCHAPTER L.  VEHICLES TRANSPORTING READY-MIXED CONCRETE
3-13           Sec. 623.231.  DEFINITION; DESIGNATION AS PERISHABLE.  (a)
3-14     In this subchapter, "ready-mixed concrete truck" means:
3-15                 (1)  a vehicle designated exclusively to transport or
3-16     manufacture ready-mixed concrete and includes a vehicle designed
3-17     exclusively to transport and manufacture ready-mixed concrete; or
3-18                 (2)  a concrete pump truck.
3-19           (b)  Ready-mixed concrete is a perishable product.
3-20           Sec. 623.232.  PERMIT TO EXCEED AXLE LOAD RESTRICTIONS.  The
3-21     department shall issue a permit to a person who has applied under
3-22     this subchapter to operate on a public highway of this state a
3-23     ready-mixed concrete truck only if:
3-24                 (1)  the tandem axle load is not heavier than 46,000
3-25     pounds and the single axle load is not heavier than 23,000 pounds;
3-26     or
3-27                 (2)  the weight that exceeds the maximum single axle or
 4-1     tandem axle load limitation is not by more than 10 percent if the
 4-2     gross load is not heavier than 69,000 pounds.
 4-3           Sec. 623.233.  PERMIT FEE.  (a)  An application for a permit
 4-4     under this subchapter must be accompanied by a permit fee of:
 4-5                 (1)  $20 per vehicle for one year; or
 4-6                 (2)  $40 per vehicle for two years.
 4-7           (b)  The department shall send each fee collected under
 4-8     Subsection (a) to the comptroller for deposit to the credit of the
 4-9     state highway fund.
4-10           Sec. 623.234.  LOCAL REGULATION.  (a)  The governing body of
4-11     a county or municipality that determines a public highway under its
4-12     jurisdiction is insufficient to carry a load permitted under this
4-13     subchapter may prescribe, by order or ordinance, rules governing
4-14     the operation of a ready-mixed concrete truck over a public highway
4-15     maintained by the county or municipality.
4-16           (b)  The rules may include weight limitations on a truck
4-17     with:
4-18                 (1)  a tandem axle load that is heavier than 36,000
4-19     pounds;
4-20                 (2)  a single axle load that is heavier than 12,000
4-21     pounds; or
4-22                 (3)  a gross load that is heavier than 48,000 pounds.
4-23           Sec. 623.235.  LOCAL SURETY BOND.  The governing body of a
4-24     county or municipality may require the owner of a ready-mixed
4-25     concrete truck to file a surety bond in an amount not to exceed
4-26     $15,000 and conditioned that the owner of the truck will pay to the
4-27     county or municipality any damage to a highway caused by the
 5-1     operation of the truck with a tandem axle load that is heavier than
 5-2     34,000 pounds.
 5-3           Sec. 623.236.  COMPLIANCE WITH OTHER LAWS.  A permit may be
 5-4     issued under this subchapter only if the vehicle operated under the
 5-5     permit is:
 5-6                 (1)  registered under Chapter 502 for a maximum gross
 5-7     weight applicable to the vehicle under Section 621.101; and
 5-8                 (2)  operated by a motor carrier registered under
 5-9     Chapter 643 or 645.
5-10           Sec. 623.237.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  A
5-11     permit issued under this subchapter does not authorize the
5-12     operation on the national system of interstate and defense highways
5-13     in this state of a vehicle of a size or weight greater than that
5-14     authorized by 23 U.S.C. Section 127, as amended.
5-15           (b)  If the United States authorizes the operation on the
5-16     national system of interstate and defense highways of a vehicle of
5-17     a size or weight greater than that authorized on January 1, 1977,
5-18     the new limit automatically takes effect on the national system of
5-19     interstate and defense highways in this state.
5-20           Sec. 623.238.  EXCEPTION.  A vehicle owned by a municipality
5-21     or a county may be operated within the weight limits prescribed by
5-22     Section 623.232 without obtaining a permit or paying a fee as
5-23     otherwise required by this subchapter.
5-24           Sec. 623.239.  PENALTIES.  (a)  A person commits an offense
5-25     if the person is criminally negligent in the operation or the
5-26     direction of operation of a vehicle described by Section 623.232 on
5-27     a public highway at a weight in excess of the limit authorized by
 6-1     Section 623.232.
 6-2           (b)  Except as provided by Subsection (c), an offense under
 6-3     this section is a misdemeanor punishable:
 6-4                 (1)  by a fine of not more than $200;
 6-5                 (2)  on conviction within one year after the date of a
 6-6     prior conviction under this section that was punishable under
 6-7     Subdivision (1), by a fine of not more than $500, by confinement in
 6-8     the county jail for not more than 60 days, or by both the fine and
 6-9     the confinement; or
6-10                 (3)  on conviction within one year after the date of a
6-11     prior conviction under this section that was punishable under
6-12     Subdivision (2) or this subdivision, by a fine of not more than
6-13     $1,000, by confinement in the county jail for not more than six
6-14     months, or by both the fine and the confinement.
6-15           (c)  A corporation is not subject to confinement for an
6-16     offense under this section, but two times the maximum fine provided
6-17     for in the applicable subdivision of Subsection (b) may be imposed
6-18     against the corporation.
6-19           SECTION 6.  Chapter 623, Transportation Code, is amended by
6-20     adding Subchapter M to read as follows:
6-21      SUBCHAPTER M.  CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS
6-22           Sec. 623.251.  DEFINITION.  In this subchapter "recyclable
6-23     material" has the meaning assigned by Section 361.421, Health and
6-24     Safety Code.
6-25           Sec. 623.252.  APPLICABILITY OF SUBCHAPTER.  This subchapter
6-26     applies only to a vehicle other than a tractor-trailer combination,
6-27     only if equipped with a container roll-off unit or a front-end
 7-1     loader.
 7-2           Sec. 623.253.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.  The
 7-3     department shall issue a permit to a person who has applied under
 7-4     this subchapter to operate on a public highway of this state a
 7-5     vehicle used exclusively to transport recyclable materials only if:
 7-6                 (1)  the tandem axle load is not heavier than 44,000
 7-7     pounds;
 7-8                 (2)  the single axle load is not heavier than 21,000
 7-9     pounds; and
7-10                 (3)  the gross load is not heavier than 64,000 pounds.
7-11           Sec. 623.254.  PERMIT FEE.  (a)  An application for a permit
7-12     under this subchapter must be accompanied by a permit fee of:
7-13                 (1)  $20 per vehicle for one year; or
7-14                 (2)  $40 per vehicle for two years.
7-15           (b)  The department shall send each fee collected under
7-16     Subsection (a) to the comptroller for deposit to the credit of the
7-17     state highway fund.
7-18           Sec. 623.255.  COMPLIANCE WITH OTHER LAWS.  A permit may be
7-19     issued under this subchapter only if the vehicle operated under the
7-20     permit is:
7-21                 (1)  registered under Chapter 502 for a maximum gross
7-22     weight applicable to the vehicle under Section 621.101; and
7-23                 (2)  operated by a motor carrier registered under
7-24     Chapter 643 or 645.
7-25           Sec. 623.256.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  A
7-26     permit issued under this subchapter does not authorize the
7-27     operation on the national system of interstate and defense highways
 8-1     in this state of a vehicle of a size or weight greater than that
 8-2     authorized by 23 U.S.C. Section 127, as amended.
 8-3           (b)  If the United States authorizes the operation on the
 8-4     national system of interstate and defense highways of a vehicle of
 8-5     a size or weight greater than that authorized on January 1, 1983,
 8-6     the new limit automatically takes effect on the national system of
 8-7     interstate and defense highways in this state.
 8-8           Sec. 623.257.  EXCEPTION.  A vehicle owned by a municipality
 8-9     or a county may be operated within the weight limits prescribed by
8-10     Section 623.253 without obtaining a permit or paying a fee under
8-11     this subchapter.
8-12           Sec. 623.258.  PENALTIES.  (a)  A person commits an offense
8-13     if the person is criminally negligent in the operation or the
8-14     direction of operation of a vehicle described by Section 623.253 on
8-15     a public highway at a weight in excess of the limit authorized by
8-16     Section 623.253.
8-17           (b)  Except as provided by Subsection (c), an offense under
8-18     this section is a misdemeanor punishable:
8-19                 (1)  by a fine of not more than $200;
8-20                 (2)  on conviction within one year after the date of a
8-21     prior conviction under this section that was punishable under
8-22     Subdivision (1), by a fine of not more than $500, by confinement in
8-23     the county jail for not more than 60 days, or by both the fine and
8-24     the confinement; or
8-25                 (3)  on conviction within one year after the date of a
8-26     prior conviction under this section that was punishable under
8-27     Subdivision (2) or this subdivision, by a fine of not more than
 9-1     $1,000, by confinement in the county jail for not more than six
 9-2     months, or by both the fine and the confinement.
 9-3           (c)  A corporation is not subject to confinement for an
 9-4     offense under this section, but two times the maximum fine provided
 9-5     for in the applicable subdivision of Subsection (b) may be imposed
 9-6     against the corporation.
 9-7           SECTION 7.  Subchapters B and J, Chapter 622, Transportation
 9-8     Code, are repealed.
 9-9           SECTION 8.  (a)  This Act takes effect September 1, 1999.
9-10     The change in law made by this Act applies only to an offense
9-11     committed on or after the effective date of this Act.  For purposes
9-12     of this section, an offense is committed before the effective date
9-13     of this Act if any element of the offense occurs before that date.
9-14           (b)  An offense committed before the effective date of this
9-15     Act is covered by the law in effect when the offense was committed,
9-16     and the former law is continued in effect for that purpose.
9-17           SECTION 9.  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.