By:  Cain                                             S.B. No. 1648
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the issuance of permits for the operation of certain
 1-2     vehicles that exceed maximum allowable weight limitations;
 1-3     providing criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sec. 623.162, Transportation Code, is amended to
 1-6     read as follows:
 1-7           Sec. 623.162.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.  The
 1-8     department shall issue a permit to a person to operate on a public
 1-9     highway of this state a [A] vehicle used exclusively to transport
1-10     solid waste with a [may be operated on a public highway of this
1-11     state only if the] tandem axle load [is] not heavier than 44,000
1-12     pounds, a [the] single axle load [is] not heavier than 21,000
1-13     pounds, and a [the] gross load [is] not heavier than 64,000 pounds.
1-14           SECTION 2.  Section 623.163, Transportation Code, is amended
1-15     to read as follows:
1-16           Sec. 623.163.  PERMIT FEE [SURETY BOND].  (a)  An application
1-17     for a permit under this subchapter must be accompanied by a permit
1-18     fee of:
1-19                 (1)  $20 per vehicle for one year; or
1-20                 (2)  $40 per vehicle for two years [The owner of a
1-21     vehicle used exclusively to transport solid waste with a tandem
1-22     axle load heavier than 34,000 pounds shall before operating the
1-23     vehicle on a public highway of this state file with the department
1-24     a surety bond subject to the approval of the department in the
 2-1     principal amount set by the department not to exceed $15,000 for
 2-2     each vehicle].
 2-3           (b)  The department shall send each fee collected under
 2-4     Subsection (a) to the comptroller for deposit to the credit of the
 2-5     state highway fund [bond must be conditioned that the owner of the
 2-6     vehicle will pay to the state and to any municipality in which the
 2-7     vehicle is operated on a municipal street, within the limit of the
 2-8     bond, any damages to a highway or municipal street caused by the
 2-9     operation of the vehicle].
2-10           [(c)  This section does not apply to a vehicle owned by a
2-11     municipality.]
2-12           SECTION 3.  Subchapter H, Chapter 623, Transportation Code,
2-13     is amended by adding Section 623.1635 to read as follows:
2-14           Sec. 623.1635.  COMPLIANCE WITH OTHER LAWS.  A permit under
2-15     this subchapter may be issued only if the vehicle to be operated
2-16     under the permit is:
2-17                 (1)  registered under Chapter 502 for maximum gross
2-18     weight applicable to the vehicle under Section 621.101; and
2-19                 (2)  operated by a motor carrier registered under
2-20     Chapter 643 or Chapter 645.
2-21           SECTION 4.  Subchapter H, Chapter 623, Transportation Code,
2-22     is amended by adding Section 623.1645 to read as follows:
2-23           Sec. 623.1645.  EXCEPTION.  A vehicle owned by a municipality
2-24     or a county may be operated within the weight limits prescribed by
2-25     Section 623.162 without obtaining a permit or paying a fee as
2-26     otherwise required by this subchapter.
 3-1           SECTION 5.  Subsection (a), Section 623.165, Transportation
 3-2     Code, is amended to read as follows:
 3-3           (a)  A person who holds a permit issued under this subchapter
 3-4     commits an offense if the person:
 3-5                 (1)  operates or directs the operation of the vehicle
 3-6     for which the permit was issued on a public highway; and
 3-7                 (2)  is criminally negligent with regard to the
 3-8     operation of the vehicle at a weight heavier than the weight limit
 3-9     authorized by [violates] this subchapter.
3-10           SECTION 6.  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.
3-14     (a)  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 to operate on a public
3-22     highway of this state a ready-mixed concrete truck:
3-23                 (1)  with a tandem axle load not heavier than 46,000
3-24     pounds and a single axle load not heavier than 23,000 pounds; or
3-25                 (2)  at a weight that exceeds the maximum single axle
3-26     or tandem axle load limitation by not more than 10 percent if the
 4-1     gross load is not heavier than 69,000 pounds.
 4-2           Sec. 623.233.  PERMIT FEE.  (a)  An application for a permit
 4-3     under this subchapter must be accompanied by a permit fee of:
 4-4                 (1)  $20 per vehicle for one year; or
 4-5                 (2)  $40 per vehicle for two years.
 4-6           (b)  The department shall send each fee collected under
 4-7     Subsection (a) to the comptroller for deposit to the credit of the
 4-8     state highway fund.
 4-9           Sec. 623.234.  LOCAL REGULATION.  (a)  The governing body of
4-10     a county or municipality that determines that a public highway
4-11     under its jurisdiction is insufficient to carry a load permitted
4-12     under this subchapter may prescribe, by order or ordinance, rules
4-13     governing the operation of a ready-mixed concrete truck over a
4-14     public highway maintained by the county or municipality.
4-15           (b)  The rules may include weight limitations on a truck
4-16     with:
4-17                 (1)  a tandem axle load that is heavier than 36,000
4-18     pounds;
4-19                 (2)  a single axle load that is heavier than 12,000
4-20     pounds; or
4-21                 (3)  a gross load that is heavier than 48,000 pounds.
4-22           Sec. 623.235.  LOCAL SURETY BOND.  The governing body of a
4-23     county or municipality may require the owner of a ready-mixed
4-24     concrete truck to file a surety bond in an amount not to exceed
4-25     $15,000 and conditioned that the owner of the truck will pay to the
4-26     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 under
 5-4     this subchapter may be issued only if the vehicle to be operated
 5-5     under the permit is:
 5-6                 (1)  registered under Chapter 502 for 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 Chapter 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 who holds a permit
5-25     issued under this subchapter commits an offense if the person:
5-26                 (1)  operates or directs the operation of the vehicle
 6-1     for which the permit was issued on a public highway; and
 6-2                 (2)  is criminally negligent with regard to the
 6-3     operation of the vehicle at a weight heavier than the weight limit
 6-4     authorized by this subchapter.
 6-5           (b)  Except as provided by Subsection (c), an offense under
 6-6     this section is a misdemeanor punishable:
 6-7                 (1)  by a fine of not more that $200;
 6-8                 (2)  on conviction within one year after the date of a
 6-9     prior conviction under this section that was punishable under
6-10     Subdivision (1), by a fine of not more than $500, by confinement in
6-11     the county jail for not more than 60 days, or by both the fine and
6-12     the confinement; or
6-13                 (3)  on conviction within one year after the date of a
6-14     prior conviction under this section that was punishable under
6-15     Subdivision (2) or this subdivision, by a fine of not more than
6-16     $1,000, by confinement in the county jail for not more than six
6-17     months, or by both the fine and the confinement.
6-18           (c)  A corporation is not subject to confinement for an
6-19     offense under this section, but two times the maximum fine provided
6-20     for in the applicable subdivision of Subsection (b) may be imposed
6-21     against the corporation.
6-22           SECTION 7.  Chapter 623, Transportation Code, is amended by
6-23     adding Subchapter M to read as follows:
6-24      SUBCHAPTER M.  CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS
6-25           Sec. 623.251.  DEFINITION.  In this subchapter "recyclable
6-26     material" has the meaning assigned by Section 361.421, Health and
 7-1     Safety Code.
 7-2           Sec. 623.252.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 7-3     applies only to a vehicle other than a tractor-trailer combination,
 7-4     only if equipped with a container roll-off unit or a front-end
 7-5     loader.
 7-6           Sec. 623.253.  PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.
 7-7     (a)  The department shall issue a permit to a person to operate on
 7-8     a public highway of this state a vehicle used exclusively to
 7-9     transport recyclable materials with:
7-10                 (1)  a tandem axle load not heavier than 44,000 pounds;
7-11                 (2)  a single axle load not heavier than 21,000 pounds;
7-12     and
7-13                 (3)  a gross load not heavier than 64,000 pounds.
7-14           Sec. 623.254.  PERMIT FEE.  (a)  An application for a permit
7-15     under this subchapter must be accompanied by a permit fee of:
7-16                 (1)  $20 per vehicle for one year; or
7-17                 (2)  $40 per vehicle for two years.
7-18           (b)  The department shall send each fee collected under
7-19     Subsection (a) to the comptroller for deposit to the credit of the
7-20     state highway fund.
7-21           Sec. 623.255.  COMPLIANCE WITH OTHER LAWS.  A permit under
7-22     this subchapter may be issued only if the vehicle to be operated
7-23     under the permit is:
7-24                 (1)  registered under Chapter 502 for maximum gross
7-25     weight applicable to the vehicle under Section 621.101; and
7-26                 (2)  operated by a motor carrier registered under
 8-1     Chapter 643 or Chapter 645.
 8-2           Sec. 623.256.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  A
 8-3     permit issued under this subchapter does not authorize the
 8-4     operation on the national system of interstate and defense highways
 8-5     in this state of a vehicle of a size or weight greater than that
 8-6     authorized by 23 U.S.C. Section 127, as amended.
 8-7           (b)  If the United States authorizes the operation on the
 8-8     national system of interstate and defense highways of a vehicle of
 8-9     a size or weight greater than that authorized on January 1, 1983,
8-10     the new limit automatically takes effect on the national system of
8-11     interstate and defense highways in this state.
8-12           Sec. 623.257.  EXCEPTION.  A vehicle owned by a municipality
8-13     or a county may be operated within the weight limits prescribed by
8-14     Section 623.253 without obtaining a permit or paying a fee as
8-15     otherwise required by this subchapter.
8-16           Sec. 623.258.  PENALTIES.  (a)  A person who holds a permit
8-17     issued under this subchapter commits an offense if the person:
8-18                 (1)  operates or directs the operation of the vehicle
8-19     for which the permit was issued on a public highway; and
8-20                 (2)  is criminally negligent with regard to the
8-21     operation of the vehicle at a weight heavier than the weight limit
8-22     authorized by this subchapter.
8-23           (b)  Except as provided by Subsection (c), an offense under
8-24     this section is a misdemeanor punishable:
8-25                 (1)  by a fine of not more than $200;
8-26                 (2)  on conviction within one year after the date of a
 9-1     prior conviction under this section that was punishable under
 9-2     Subdivision (1), by a fine of not more than $500, by confinement in
 9-3     the county jail for not more than 60 days, or by both the fine and
 9-4     the confinement; or
 9-5                 (3)  on conviction within one year after the date of a
 9-6     prior conviction under this section that was punishable under
 9-7     Subdivision (2) or this subdivision, by a fine of not more than
 9-8     $1,000, by confinement in the county jail for not more than six
 9-9     months, or by both the fine and the confinement.
9-10           (c)  A corporation is not subject to confinement for an
9-11     offense under this section, but two times the maximum fine provided
9-12     for in the applicable subdivision of Subsection (b) may be imposed
9-13     against the corporation.
9-14           SECTION 8.  Subchapters B and J, Chapter 622, Transportation
9-15     Code, are repealed.
9-16           SECTION 9.  This Act takes effect January 1, 2000.
9-17           SECTION 10.  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.