1-1 By: Cain S.B. No. 1648
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 29, 1999, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; March 29, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the issuance of permits for the operation of certain
1-9 vehicles that exceed maximum allowable weight limitations;
1-10 providing criminal penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sec. 623.162, Transportation Code, is amended to
1-13 read as follows:
1-14 Sec. 623.162. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. The
1-15 department shall issue a permit to a person to operate on a public
1-16 highway of this state a [A] vehicle used exclusively to transport
1-17 solid waste with a [may be operated on a public highway of this
1-18 state only if the] tandem axle load [is] not heavier than 44,000
1-19 pounds, a [the] single axle load [is] not heavier than 21,000
1-20 pounds, and a [the] gross load [is] not heavier than 64,000 pounds.
1-21 SECTION 2. Section 623.163, Transportation Code, is amended
1-22 to read as follows:
1-23 Sec. 623.163. PERMIT FEE [SURETY BOND]. (a) An application
1-24 for a permit under this subchapter must be accompanied by a permit
1-25 fee of:
1-26 (1) $20 per vehicle for one year; or
1-27 (2) $40 per vehicle for two years [The owner of a
1-28 vehicle used exclusively to transport solid waste with a tandem
1-29 axle load heavier than 34,000 pounds shall before operating the
1-30 vehicle on a public highway of this state file with the department
1-31 a surety bond subject to the approval of the department in the
1-32 principal amount set by the department not to exceed $15,000 for
1-33 each vehicle].
1-34 (b) The department shall send each fee collected under
1-35 Subsection (a) to the comptroller for deposit to the credit of the
1-36 state highway fund [bond must be conditioned that the owner of the
1-37 vehicle will pay to the state and to any municipality in which the
1-38 vehicle is operated on a municipal street, within the limit of the
1-39 bond, any damages to a highway or municipal street caused by the
1-40 operation of the vehicle].
1-41 [(c) This section does not apply to a vehicle owned by a
1-42 municipality.]
1-43 SECTION 3. Subchapter H, Chapter 623, Transportation Code,
1-44 is amended by adding Section 623.1635 to read as follows:
1-45 Sec. 623.1635. COMPLIANCE WITH OTHER LAWS. A permit under
1-46 this subchapter may be issued only if the vehicle to be operated
1-47 under the permit is:
1-48 (1) registered under Chapter 502 for maximum gross
1-49 weight applicable to the vehicle under Section 621.101; and
1-50 (2) operated by a motor carrier registered under
1-51 Chapter 643 or Chapter 645.
1-52 SECTION 4. Subchapter H, Chapter 623, Transportation Code,
1-53 is amended by adding Section 623.1645 to read as follows:
1-54 Sec. 623.1645. EXCEPTION. A vehicle owned by a municipality
1-55 or a county may be operated within the weight limits prescribed by
1-56 Section 623.162 without obtaining a permit or paying a fee as
1-57 otherwise required by this subchapter.
1-58 SECTION 5. Subsection (a), Section 623.165, Transportation
1-59 Code, is amended to read as follows:
1-60 (a) A person who holds a permit issued under this subchapter
1-61 commits an offense if the person:
1-62 (1) operates or directs the operation of the vehicle
1-63 for which the permit was issued on a public highway; and
1-64 (2) is criminally negligent with regard to the
2-1 operation of the vehicle at a weight heavier than the weight limit
2-2 authorized by [violates] this subchapter.
2-3 SECTION 6. Chapter 623, Transportation Code, is amended by
2-4 adding Subchapter L to read as follows:
2-5 SUBCHAPTER L. VEHICLES TRANSPORTING READY-MIXED CONCRETE
2-6 Sec. 623.231. DEFINITION; DESIGNATION AS PERISHABLE.
2-7 (a) In this subchapter, "ready-mixed concrete truck" means:
2-8 (1) a vehicle designated exclusively to transport or
2-9 manufacture ready-mixed concrete and includes a vehicle designed
2-10 exclusively to transport and manufacture ready-mixed concrete; or
2-11 (2) a concrete pump truck.
2-12 (b) Ready-mixed concrete is a perishable product.
2-13 Sec. 623.232. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. The
2-14 department shall issue a permit to a person to operate on a public
2-15 highway of this state a ready-mixed concrete truck:
2-16 (1) with a tandem axle load not heavier than 46,000
2-17 pounds and a single axle load not heavier than 23,000 pounds; or
2-18 (2) at a weight that exceeds the maximum single axle
2-19 or tandem axle load limitation by not more than 10 percent if the
2-20 gross load is not heavier than 69,000 pounds.
2-21 Sec. 623.233. PERMIT FEE. (a) An application for a permit
2-22 under this subchapter must be accompanied by a permit fee of:
2-23 (1) $20 per vehicle for one year; or
2-24 (2) $40 per vehicle for two years.
2-25 (b) The department shall send each fee collected under
2-26 Subsection (a) to the comptroller for deposit to the credit of the
2-27 state highway fund.
2-28 Sec. 623.234. LOCAL REGULATION. (a) The governing body of
2-29 a county or municipality that determines that a public highway
2-30 under its jurisdiction is insufficient to carry a load permitted
2-31 under this subchapter may prescribe, by order or ordinance, rules
2-32 governing the operation of a ready-mixed concrete truck over a
2-33 public highway maintained by the county or municipality.
2-34 (b) The rules may include weight limitations on a truck
2-35 with:
2-36 (1) a tandem axle load that is heavier than 36,000
2-37 pounds;
2-38 (2) a single axle load that is heavier than 12,000
2-39 pounds; or
2-40 (3) a gross load that is heavier than 48,000 pounds.
2-41 Sec. 623.235. LOCAL SURETY BOND. The governing body of a
2-42 county or municipality may require the owner of a ready-mixed
2-43 concrete truck to file a surety bond in an amount not to exceed
2-44 $15,000 and conditioned that the owner of the truck will pay to the
2-45 county or municipality any damage to a highway caused by the
2-46 operation of the truck with a tandem axle load that is heavier than
2-47 34,000 pounds.
2-48 Sec. 623.236. COMPLIANCE WITH OTHER LAWS. A permit under
2-49 this subchapter may be issued only if the vehicle to be operated
2-50 under the permit is:
2-51 (1) registered under Chapter 502 for maximum gross
2-52 weight applicable to the vehicle under Section 621.101; and
2-53 (2) operated by a motor carrier registered under
2-54 Chapter 643 or Chapter 645.
2-55 Sec. 623.237. INTERSTATE AND DEFENSE HIGHWAYS. (a) A
2-56 permit issued under this subchapter does not authorize the
2-57 operation on the national system of interstate and defense highways
2-58 in this state of a vehicle of a size or weight greater than that
2-59 authorized by 23 U.S.C. Section 127, as amended.
2-60 (b) If the United States authorizes the operation on the
2-61 national system of interstate and defense highways of a vehicle of
2-62 a size or weight greater than that authorized on January 1, 1977,
2-63 the new limit automatically takes effect on the national system of
2-64 interstate and defense highways in this state.
2-65 Sec. 623.238. EXCEPTION. A vehicle owned by a municipality
2-66 or a county may be operated within the weight limits prescribed by
2-67 Section 623.232 without obtaining a permit or paying a fee as
2-68 otherwise required by this subchapter.
2-69 Sec. 623.239. PENALTIES. (a) A person who holds a permit
3-1 issued under this subchapter commits an offense if the person:
3-2 (1) operates or directs the operation of the vehicle
3-3 for which the permit was issued on a public highway; and
3-4 (2) is criminally negligent with regard to the
3-5 operation of the vehicle at a weight heavier than the weight limit
3-6 authorized by this subchapter.
3-7 (b) Except as provided by Subsection (c), an offense under
3-8 this section is a misdemeanor punishable:
3-9 (1) by a fine of not more that $200;
3-10 (2) on conviction within one year after the date of a
3-11 prior conviction under this section that was punishable under
3-12 Subdivision (1), by a fine of not more than $500, by confinement in
3-13 the county jail for not more than 60 days, or by both the fine and
3-14 the confinement; or
3-15 (3) on conviction within one year after the date of a
3-16 prior conviction under this section that was punishable under
3-17 Subdivision (2) or this subdivision, by a fine of not more than
3-18 $1,000, by confinement in the county jail for not more than six
3-19 months, or by both the fine and the confinement.
3-20 (c) A corporation is not subject to confinement for an
3-21 offense under this section, but two times the maximum fine provided
3-22 for in the applicable subdivision of Subsection (b) may be imposed
3-23 against the corporation.
3-24 SECTION 7. Chapter 623, Transportation Code, is amended by
3-25 adding Subchapter M to read as follows:
3-26 SUBCHAPTER M. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS
3-27 Sec. 623.251. DEFINITION. In this subchapter "recyclable
3-28 material" has the meaning assigned by Section 361.421, Health and
3-29 Safety Code.
3-30 Sec. 623.252. APPLICABILITY OF SUBCHAPTER. This subchapter
3-31 applies only to a vehicle other than a tractor-trailer combination,
3-32 only if equipped with a container roll-off unit or a front-end
3-33 loader.
3-34 Sec. 623.253. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.
3-35 (a) The department shall issue a permit to a person to operate on
3-36 a public highway of this state a vehicle used exclusively to
3-37 transport recyclable materials with:
3-38 (1) a tandem axle load not heavier than 44,000 pounds;
3-39 (2) a single axle load not heavier than 21,000 pounds;
3-40 and
3-41 (3) a gross load not heavier than 64,000 pounds.
3-42 Sec. 623.254. PERMIT FEE. (a) An application for a permit
3-43 under this subchapter must be accompanied by a permit fee of:
3-44 (1) $20 per vehicle for one year; or
3-45 (2) $40 per vehicle for two years.
3-46 (b) The department shall send each fee collected under
3-47 Subsection (a) to the comptroller for deposit to the credit of the
3-48 state highway fund.
3-49 Sec. 623.255. COMPLIANCE WITH OTHER LAWS. A permit under
3-50 this subchapter may be issued only if the vehicle to be operated
3-51 under the permit is:
3-52 (1) registered under Chapter 502 for maximum gross
3-53 weight applicable to the vehicle under Section 621.101; and
3-54 (2) operated by a motor carrier registered under
3-55 Chapter 643 or Chapter 645.
3-56 Sec. 623.256. INTERSTATE AND DEFENSE HIGHWAYS. (a) A
3-57 permit issued under this subchapter does not authorize the
3-58 operation on the national system of interstate and defense highways
3-59 in this state of a vehicle of a size or weight greater than that
3-60 authorized by 23 U.S.C. Section 127, as amended.
3-61 (b) If the United States authorizes the operation on the
3-62 national system of interstate and defense highways of a vehicle of
3-63 a size or weight greater than that authorized on January 1, 1983,
3-64 the new limit automatically takes effect on the national system of
3-65 interstate and defense highways in this state.
3-66 Sec. 623.257. EXCEPTION. A vehicle owned by a municipality
3-67 or a county may be operated within the weight limits prescribed by
3-68 Section 623.253 without obtaining a permit or paying a fee as
3-69 otherwise required by this subchapter.
4-1 Sec. 623.258. PENALTIES. (a) A person who holds a permit
4-2 issued under this subchapter commits an offense if the person:
4-3 (1) operates or directs the operation of the vehicle
4-4 for which the permit was issued on a public highway; and
4-5 (2) is criminally negligent with regard to the
4-6 operation of the vehicle at a weight heavier than the weight limit
4-7 authorized by this subchapter.
4-8 (b) Except as provided by Subsection (c), an offense under
4-9 this section is a misdemeanor punishable:
4-10 (1) by a fine of not more than $200;
4-11 (2) on conviction within one year after the date of a
4-12 prior conviction under this section that was punishable under
4-13 Subdivision (1), by a fine of not more than $500, by confinement in
4-14 the county jail for not more than 60 days, or by both the fine and
4-15 the confinement; or
4-16 (3) on conviction within one year after the date of a
4-17 prior conviction under this section that was punishable under
4-18 Subdivision (2) or this subdivision, by a fine of not more than
4-19 $1,000, by confinement in the county jail for not more than six
4-20 months, or by both the fine and the confinement.
4-21 (c) A corporation is not subject to confinement for an
4-22 offense under this section, but two times the maximum fine provided
4-23 for in the applicable subdivision of Subsection (b) may be imposed
4-24 against the corporation.
4-25 SECTION 8. Subchapters B and J, Chapter 622, Transportation
4-26 Code, are repealed.
4-27 SECTION 9. This Act takes effect January 1, 2000.
4-28 SECTION 10. The importance of this legislation and the
4-29 crowded condition of the calendars in both houses create an
4-30 emergency and an imperative public necessity that the
4-31 constitutional rule requiring bills to be read on three several
4-32 days in each house be suspended, and this rule is hereby suspended.
4-33 * * * * *