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.