SRC-BWC S.B. 220 77(R) BILL ANALYSIS
Senate Research Center S.B. 220
2001S0110/1By: Shapiro
State Affairs
2/5/2001
As Filed
DIGEST AND PURPOSE
Currently, Texas law prohibits the loading and unloading of a vehicle
exceeding certain weight limitations for operation on a state highway, and
requires the loading to be observed by an authorized officer in order to
enforce this provision. The law also states that Department of Public
Safety License and Weight enforcement officers can only weigh a vehicle on
a state maintained highway, and they are required to use an antiquated
method of determining the legal weight for operating a vehicle. Current
state law requires only commercial vehicle companies to maintain trailering
equipment in accordance with federal Commercial Vehicle Safety Standards
which can only be enforced by certain peace officers, and allows a
commercial vehicle with a weight tolerance permit to travel over any bridge
in the state regardless of the vehicle's weight. As proposed, S.B. 220
addresses each of these problems by allowing courts to use documents to
convict overweight vehicle violators, increasing the authority of police
officers in enforcing weight standards on any public highway, restricting
the use of bridges by commercial vehicles regardless of a weight tolerance
permit, and requiring owners of intermodal trailering equipment to maintain
their equipment in accordance with federal Commercial Vehicle Safety
Standards.
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 621A, Transportation Code, by adding Section
621.007, as follows:
Sec. 621.007. EVIDENCE OF VIOLATION. Provides that a document, in a
proceeding in which a violation of a weight restriction under this subtitle
may be an issue, is admissible as relevant evidence of the violation if the
document is of a certain type. Provides that this section does not limit
the admissibility of any other evidence relating to the violation.
SECTION 2. Amends Section 621.101, Transportation Code, by prohibiting a
vehicle or combination of vehicles from being operated over or on a public
highway or at a port-of-entry between Texas and the United Mexican States
if the vehicle or combination has a single axle weight, rather than an
axle, carrying a load heavier than 20,000 pounds, rather than 16,000 pounds
on high pressure or 20,000 pounds on low tire pressure; or tires that carry
a weight greater than the weight specified and marked on the sidewall of
the tire, unless the vehicle is being operated under the terms of a special
permit. Deletes text referring to the amount of pressure allowed on a
wheel. Prohibits the overall gross weight on a vehicle, rather than group
of two or more consecutive axles, from being heavier than 80,000 pounds,
regardless of tire ratings, axle spacing (bridge), and number of axles,
rather than including all enforcement tolerances. Defines "single axle"
and redefines "tandem axle."
SECTION 3. Amends Chapter 621F, Transportation Code, by adding Section
621.410, as follows:
Sec. 621.410. WEIGHT RECORD. Provides that this section applies only to
cargo transported by a commercial motor vehicle. Requires a person who
weighs cargo before or after unloading or who loads or unloads cargo on
the basis of liquid volume measure to keep a written record, in the form
prescribed by the Department of Public Safety (department), containing the
information required by Subsection (c). Requires the record to be kept at
least 30 days after its creation, and requires the record to be available,
without a warrant, for inspection and copying by a weight enforcement
officer on demand. Requires a record under this section to contain certain
information.
SECTION 4. Amends Chapter 621G, Transportation Code, adding Section
621.509, as follows:
Sec. 621.509. FAILURE TO MAINTAIN WEIGHT RECORD. Provides that a person
commits an offense, which is a Class C misdemeanor, if the person fails to
keep a weight record in violation of Section 621.410.
SECTION 5. Amends Section 623.011(c), Transportation Code, by deleting the
text that restricts the operation of vehicles of certain weight on certain
roads within the state.
SECTION 6. Amends Chapter 623B, Transportation Code, by adding Section
623.0113, as follows:
Sec. 623.0113. ROUTE RESTRICTIONS. Provides that a permit issued under
Section 623.011 does not authorize the operation of a vehicle on certain
highways, bridges, or culverts in this state. Provides that such
restrictions do not apply if such a bridge or culvert provides the only
public vehicular access from an origin or to a destination by a holder of a
permit issued under Section 623.011.
SECTION 7. Amends Section 644.101(b), Transportation Code, by providing
that a police officer is eligible to apply for certification under this
section if the police officer serves in a municipality with a population of
25,000 or more, any part of which is located in a county with a population
of 2, rather than 2.4, million or more.
SECTION 8. Amends Chapter 644, Transportation Code, by adding Subchapter
F, as follows:
SUBCHAPTER F. INTERMODAL VEHICLE SAFETY STANDARDS
Sec. 644.251. DEFINITIONS. Defines "intermodal vehicle" and "motor
carrier."
Sec. 644.252. TENDER OR INTERCHANGE PROHIBITED. Prohibits the owner of an
intermodal vehicle from permitting the tender or interchange of the
intermodal vehicle for use by a motor carrier on any highway in violation
of the requirements contained in the federal motor carrier safety
regulations.
Sec. 644.253. MOTOR CARRIER INSPECTION. Requires the tenderer to allow
the motor carrier adequate equipment, time, and facilities to perform the
inspection required by the United States Department of Transportation under
federal motor carrier safety regulations, before the tender or interchange
of an intermodal vehicle for the purposes of transportation by a motor
carrier. Authorizes a motor carrier to accept an intermodal vehicle only
if it passes inspection. Requires the tenderer of the intermodal vehicle,
if the vehicle fails inspection, to make necessary repairs or make
available a replacement intermodal vehicle which passes such an inspection.
Prohibits a tenderer from putting the intermodal vehicle into use on any
highway until all necessary repairs have been completed, if a tenderer has
knowledge that an intermodal vehicle does not meet the federal motor
carrier safety regulations.
Sec. 644.254. CERTIFICATION PROHIBITED. Prohibits a motor carrier from
certifying or guaranteeing that an intermodal vehicle complies with federal
motor carrier safety regulations to a person tendering or interchanging the
intermodal vehicle for the purposes of transportation by another motor
carrier.
Sec. 644.255. DEPARTMENT INSPECTION. Authorizes an officer or employee
of the department who has been certified by the public safety director to
enter intermodal vehicle tender facilities and inspect, identify, and tag
intermodal vehicles that may require repairs before being tendered for use
on public highways.
Sec. 644.256. DEPARTMENT DATABASE. Requires the Department of Public
Safety to develop and maintain a database of roadside intermodal vehicle
reports for defects and violations discovered during a roadside inspection
on any intermodal vehicle tendered to a motor carrier.
Sec. 644.257. AGREEMENTS VOID. Provides that a provision contained in an
intermodal interchange contract providing for a hold harmless or indemnity
agreement, or both, between the motor carrier and the tenderer or owner of
the intermodal vehicle contrary to the provisions of this subchapter is
contrary to public policy and is unenforceable and void.
Sec. 644.258. REIMBURSEMENT FOR FINES, PENALTIES, EXPENSES, AND FEES.
Requires the owner of the intermodal vehicle to reimburse the motor
carrier, (if the motor carrier did not cause the problems) after the tender
of the vehicle, for all fines, penalties, expenses, and reasonable attorney
fees, not later than 60 days after the receipt of the notice from the motor
carrier, incurred pursuant to the out-of-service order, including all
repairs needed to comply with federal motor carrier safety regulations.
Provides that this only applies if an intermodal vehicle from a tenderer is
placed in initial service in this state by a motor carrier and the
intermodal vehicle is removed from service as a result of a roadside
inspection conducted before the end of the fifth day after the date of that
placement and before the next interchange.
Sec. 644.259. RESPONSIBILITY OF MOTOR CARRIER NOT AFFECTED. Provides that
nothing in this subchapter is intended to eliminate the responsibility and
obligation of a motor carrier to maintain and operate vehicles in
accordance with federal motor carrier safety regulations and applicable
state and local laws and regulations.
SECTION 9. Effective date: September 1, 2001.
Makes application of this Act prospective.