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.
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