By: Cain S.B. No. 1648
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 vehicle
1-21 used exclusively to transport solid waste with a tandem axle load
1-22 heavier than 34,000 pounds shall before operating the vehicle on a
2-1 public highway of this state file with the department a surety bond
2-2 subject to the approval of the department in the principal amount
2-3 set by the department not to exceed $15,000 for each vehicle].
2-4 (b) The department shall send each fee collected under
2-5 Subsection (a) to the comptroller for deposit to the credit of the
2-6 state highway fund [The bond must be conditioned that the owner of
2-7 the vehicle will pay to the state and to any municipality in which
2-8 the vehicle is operated on a municipal street, within the limit of
2-9 the bond, any damages to a highway or municipal street caused by
2-10 the operation of the vehicle].
2-11 [(c) This section does not apply to a vehicle owned by a
2-12 municipality.]
2-13 SECTION 3. Subchapter H, Chapter 623, Transportation Code,
2-14 is amended by adding Section 623.1635 to read as follows:
2-15 Sec. 623.1635. COMPLIANCE WITH OTHER LAWS. A permit under
2-16 this subchapter may be issued only if the vehicle to be operated
2-17 under the permit is:
2-18 (1) registered under Chapter 502 for maximum gross weight
2-19 applicable to the vehicle under Section 621.101; and
2-20 (2) operated by a motor carrier registered under Chapter 643
2-21 or Chapter 645.
2-22 SECTION 4. Subchapter H, Chapter 623, Transportation Code,
2-23 is amended by adding Section 623.1645 to read as follows:
2-24 Sec. 623.1645. EXCEPTION. A vehicle owned by a municipality
2-25 or a county may be operated within the weight limits prescribed by
2-26 Section 623.162 without obtaining a permit or paying a fee as
3-1 otherwise required by this subchapter.
3-2 SECTION 5. Section 623.165(a), Transportation Code, is
3-3 amended to read as follows:
3-4 (a) A person who holds a permit issued under this subchapter
3-5 commits an offense if the person:
3-6 (1) operates or directs the operation of the vehicle
3-7 for which the permit was issued on a public highway; and
3-8 (2) is criminally negligent with regard to the
3-9 operation of the vehicle at a weight heavier than the weight limit
3-10 authorized by [violates] this subchapter.
3-11 SECTION 6. Chapter 623, Transportation Code, is amended by
3-12 adding Subchapter L to read as follows:
3-13 SUBCHAPTER L. VEHICLES TRANSPORTING READY-MIXED CONCRETE
3-14 Sec. 623.231. DEFINITION; DESIGNATION AS PERISHABLE.
3-15 (a) In this subchapter, "ready-mixed concrete truck" means:
3-16 (1) a vehicle designated exclusively to transport or
3-17 manufacture ready-mixed concrete and includes a vehicle designed
3-18 exclusively to transport and manufacture ready-mixed concrete; or
3-19 (2) a concrete pump truck.
3-20 (b) Ready-mixed concrete is a perishable product.
3-21 Sec. 623.232. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. The
3-22 department shall issue a permit to a person to operate on a public
3-23 highway of this state a ready-mixed concrete truck:
3-24 (1) with a tandem axle load not heavier than 46,000
3-25 pounds and a single axle load not heavier than 23,000 pounds; or
3-26 (2) at a weight that exceeds the maximum single axle
4-1 or tandem axle load limitation by not 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
5-1 county or municipality any damage to a highway caused by the
5-2 operation of the truck with a tandem axle load that is heavier than
5-3 34,000 pounds.
5-4 Sec. 623.236. COMPLIANCE WITH OTHER LAWS. A permit under
5-5 this subchapter may be issued only if the vehicle to be operated
5-6 under the permit is:
5-7 (1) registered under Chapter 502 for maximum gross weight
5-8 applicable to the vehicle under Section 621.101; and
5-9 (2) operated by a motor carrier registered under Chapter 643
5-10 or Chapter 645.
5-11 Sec. 623.237. INTERSTATE AND DEFENSE HIGHWAYS. (a) A
5-12 permit issued under this subchapter does not authorize the
5-13 operation on the national system of interstate and defense highways
5-14 in this state of a vehicle of a size or weight greater than that
5-15 authorized by 23 U.S.C. Section 127, as amended.
5-16 (b) If the United States authorizes the operation on the
5-17 national system of interstate and defense highways of a vehicle of
5-18 a size or weight greater than that authorized on January 1, 1977,
5-19 the new limit automatically takes effect on the national system of
5-20 interstate and defense highways in this state.
5-21 Sec. 623.238. EXCEPTION. A vehicle owned by a municipality
5-22 or a county may be operated within the weight limits prescribed by
5-23 Section 623.232 without obtaining a permit or paying a fee as
5-24 otherwise required by this subchapter.
5-25 Sec. 623.239. PENALTIES. (a) A person who holds a permit
5-26 issued under this subchapter commits an offense if the person:
6-1 (1) operates or directs the operation of the vehicle
6-2 for which the permit was issued on a public highway; and
6-3 (2) is criminally negligent with regard to the
6-4 operation of the vehicle at a weight heavier than the weight limit
6-5 authorized by this subchapter.
6-6 (b) Except as provided by Subsection (c), an offense under
6-7 this section is a misdemeanor punishable:
6-8 (1) by a fine of not more that $200;
6-9 (2) on conviction within one year after the date of a
6-10 prior conviction under this section that was punishable under
6-11 Subdivision (1), by a fine of not more than $500, by confinement in
6-12 the county jail for not more than 60 days, or by both the fine and
6-13 the confinement; or
6-14 (3) on conviction within one year after the date of a
6-15 prior conviction under this section that was punishable under
6-16 Subdivision (2) or this subdivision, by a fine of not more than
6-17 $1,000, by confinement in the county jail for not more than six
6-18 months, or by both the fine and the confinement.
6-19 (c) A corporation is not subject to confinement for an
6-20 offense under this section, but two times the maximum fine provided
6-21 for in the applicable subdivision of Subsection (b) may be imposed
6-22 against the corporation.
6-23 SECTION 7. Chapter 623, Transportation Code, is amended by
6-24 adding Subchapter M to read as follows:
6-25 SUBCHAPTER M. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS
6-26 Sec. 623.251. DEFINITION. In this subchapter "recyclable
7-1 material" has the meaning assigned by Section 361.421, Health and
7-2 Safety Code.
7-3 Sec. 623.252. APPLICABILITY OF SUBCHAPTER. This subchapter
7-4 applies only to a vehicle other than a tractor-trailer combination,
7-5 only if equipped with a container roll-off unit or a front-end
7-6 loader.
7-7 Sec. 623.253. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.
7-8 (a) The department shall issue a permit to a person to operate on
7-9 a public highway of this state a vehicle used exclusively to
7-10 transport recyclable materials with:
7-11 (1) a tandem axle load not heavier than 44,000 pounds;
7-12 (2) a single axle load not heavier than 21,000 pounds;
7-13 and
7-14 (3) a gross load not heavier than 64,000 pounds.
7-15 Sec. 623.254. PERMIT FEE (a) An application for a permit
7-16 under this subchapter must be accompanied by a permit fee of:
7-17 (1) $20 per vehicle for one year; or
7-18 (2) $40 per vehicle for two years.
7-19 (b) The department shall send each fee collected under
7-20 Subsection (a) to the comptroller for deposit to the credit of the
7-21 state highway fund.
7-22 Sec. 623.255. COMPLIANCE WITH OTHER LAWS. A permit under
7-23 this subchapter may be issued only if the vehicle to be operated
7-24 under the permit is:
7-25 (1) registered under Chapter 502 for maximum gross weight
7-26 applicable to the vehicle under Section 621.101; and
8-1 (2) operated by a motor carrier registered under Chapter 643
8-2 or Chapter 645.
8-3 Sec. 623.256. INTERSTATE AND DEFENSE HIGHWAYS. (a) A
8-4 permit issued under this subchapter does not authorize the
8-5 operation on the national system of interstate and defense highways
8-6 in this state of a vehicle of a size or weight greater than that
8-7 authorized by 23 U.S.C. Section 127, as amended.
8-8 (b) If the United States authorizes the operation on the
8-9 national system of interstate and defense highways of a vehicle of
8-10 a size or weight greater than that authorized on January 1, 1983,
8-11 the new limit automatically takes effect on the national system of
8-12 interstate and defense highways in this state.
8-13 Sec. 623.257. EXCEPTION. A vehicle owned by a municipality
8-14 or a county may be operated within the weight limits prescribed by
8-15 Section 623.253 without obtaining a permit or paying a fee as
8-16 otherwise required by this subchapter.
8-17 Sec. 623.258. PENALTIES. (a) A person who holds a permit
8-18 issued under this subchapter commits an offense if the person:
8-19 (1) operates or directs the operation of the vehicle
8-20 for which the permit was issued on a public highway; and
8-21 (2) is criminally negligent with regard to the
8-22 operation of the vehicle at a weight heavier than the weight limit
8-23 authorized by this subchapter.
8-24 (b) Except as provided by Subsection (c), an offense under
8-25 this section is a misdemeanor punishable:
8-26 (1) by a fine of not more than $200;
9-1 (2) on conviction within one year after the date of a
9-2 prior conviction under this section that was punishable under
9-3 Subdivision (1), by a fine of not more than $500, by confinement in
9-4 the county jail for not more than 60 days, or by both the fine and
9-5 the confinement; or
9-6 (3) on conviction within one year after the date of a
9-7 prior conviction under this section that was punishable under
9-8 Subdivision (2) or this subdivision, by a fine of not more than
9-9 $1,000, by confinement in the county jail for not more than six
9-10 months, or by both the fine and the confinement.
9-11 (c) A corporation is not subject to confinement for an
9-12 offense under this section, but two times the maximum fine provided
9-13 for in the applicable subdivision of Subsection (b) may be imposed
9-14 against the corporation.
9-15 SECTION 8. Subchapters B and J, Chapter 622, Transportation
9-16 Code, are repealed.
9-17 SECTION 9. This Act takes effect January 1, 2000.
9-18 SECTION 10. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.