SRC-BWC H.B. 1679 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1679
77R3480 JD-FBy: Bosse (Cain)
State Affairs
4/18/2001
Engrossed


DIGEST AND PURPOSE 

Currently, maximum vehicle weight limits exist for public highways outside
a city and for statemaintained highways within a city.  In order to exceed
these limits, a truck driver must obtain a permit. Local law enforcement
officers and the Department of Public Safety (DPS) enforce these weight
restrictions which can lead to fines as high as $1,000 per incident.  In
the past few years, truck operators have experienced inconsistencies in
dealing with multiple law enforcement entities.  For example, a municipal
officer may direct a tow truck operator to remove a heavy vehicle from the
scene of an accident but while en route to the storage facility, the
operator may be ticketed by a DPS officer for exceeding maximum weight
restrictions without a permit.  H.B. 1679 exempts tow truck operators from
being required to maintain an overweight permit when the weight of a tow
truck along with the weight of the vehicle being towed exceeds statutory
weight limitations, if the truck is removing a disabled, abandoned, or
accident-damaged vehicle and towing the vehicle directly to the nearest
authorized repair, terminal, or storage facility. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 622Z, Transportation Code, by adding Section
622.954, as follows: 

Sec. 622.954.  TOW TRUCKS.  Provides that a permit is not required to
exceed the weight limitations of Section 621.101 by a combination of a tow
truck and another vehicle if the nature of the service provided by the tow
truck is needed to remove disabled, abandoned, or accident-damaged
vehicles, or the tow truck is towing the other vehicle or vehicle
combination directly to the nearest authorized place of repair, terminal,
or vehicle storage facility. 

SECTION 2.  Effective date: upon passage or September 1, 2001.