SRC-BWC C.S.S.B. 220 77(R) BILL ANALYSIS
Senate Research CenterC.S.S.B. 220
2001S0644/1By: Shapiro
State Affairs
2/28/2001
Committee Report (Substituted)
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. C.S.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
establishing municipal and county enforcement requirements.
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 Subsection (a), Section 621.301, Transportation Code, to
authorize the commissioners court of a county to establish load limits for
any county road or bridge only with the concurrence of the Department of
Transportation (department).
SECTION 4. 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), containing the information required by this
section. Requires the record to be kept at least 180 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 5. 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 6. Amends Section 623.011(c), Transportation Code, by deleting
text that restricts the operation of vehicles of certain weight on certain
roads within the state.
SECTION 7. 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 and bridges in this state. Provides that such restrictions do not
apply if such a bridge 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 8. Amends Chapter 644A, Transportation Code, by adding Section
644.005, as follows:
Sec. 644.005. DEPARTMENT DATABASE. Requires the department to develop and
maintain a database on roadside intermodal vehicle reports for defects and
violations discovered during a roadside inspection on any intermodal
vehicle tendered to a motor carrier. Requires the database to include all
citations involving intermodal equipment issued by officers certified under
Section 644.101.
SECTION 9. Amends Section 644.101, Transportation Code, as follows:
Sec. 644.101. New heading: CERTIFICATION OF CERTAIN PEACE OFFICERS.
Requires the department to establish procedures, including training for the
certification of municipal police officers, sheriffs, and deputy sheriffs
to enforce this chapter. Provides that a sheriff or deputy sheriff of a
county bordering the Untied Mexican States is eligible to apply for
certification under this section. Requires the department by rule to
establish reasonable fees sufficient to recover from a municipality or a
county the cost of certifying its peace, rather than police, officers.
SECTION 10. Amends Section 644.102, Transportation Code, as follows:
Sec. 644.102. New heading: MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
Authorizes a county, in each fiscal year, to retain fines from the
enforcement of this chapter in an amount not to exceed 110 percent of the
county's actual expenses for enforcement of this chapter in the preceding
fiscal year, as determined by the comptroller of public accounts
(comptroller) after reviewing the most recent county audit conducted under
Chapter 115 (Audit of County Finances), Local Government Code. Authorizes a
county, if there are not actual expenses for enforcement of this chapter in
the most recent county audit, to retain fines in an amount not to exceed
110 percent of the amount the comptroller estimates would be the county's
actual expenses for enforcement of this chapter during the year. Requires
the department to revoke or rescind the certification of any peace, rather
than municipal police, officer who fails to comply with any standard
established under this section. Makes conforming changes.
SECTION 11. Amends Section 644.103 (b), Transportation Code, to authorize
a municipal police officer who is certified under Section 644.101 to detain
on a highway or at a port of entry within the territory of the municipality
a motor vehicle that is subject to this chapter. Authorizes a sheriff or
deputy sheriff who is certified under Section 644.101 to detain on a
highway or at a port of entry within the territory of the county a motor
vehicle that is subject to this chapter.
SECTION 12. Effective date: September 1, 2001.
Makes application of this Act prospective.
SUMMARY OF COMMITTEE CHANGES
SECTION 1. No change.
SECTION 2. No change.
SECTION 3. Adds a new SECTION regarding the establishment of load limits.
SECTION 4. Renumbers proposed SECTION 3 as SECTION 4. Increases from 30
to 180 days the length of time that a record is to be retained.
SECTION 5. Renumbers proposed SECTION 4 as SECTION 5.
SECTION 6. Renumbers proposed SECTION 5 as SECTION 6.
SECTION 7. Deletes SECTION 7 from As Filed version. Deletes "culvert"
from list of restriction regarding a permit in the new SECTION 7.
SECTION 8. Deletes SECTION 8 from As Filed version except for Section
644.256 (Department Database). Adds a new SECTION 8 to increase
requirements for the department database.
SECTION 9. Adds a new SECTION regarding certification of sheriffs and
deputy sheriffs.
SECTION 10. Adds a new SECTION regarding municipal and county enforcement.
SECTION 11. Adds a new SECTION regarding the certification of municipal
police officers, sheriffs, and deputy sheriffs.
SECTION 12. Renumbers proposed SECTION 9 as SECTION 12.