SRC-SEW S.B. 886 77(R)BILL ANALYSIS Senate Research CenterS.B. 886 By: Ogden State Affairs 6/25/2001 Enrolled DIGEST AND PURPOSE Currently, laws regarding certain size and weight restrictions in the Transportation Code are outdated, with some provisions dating back to the 1930s. S.B. 886 updates various provisions in the Transportation Code to reflect current practices. 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 Section 521.242, Transportation Code, by amending Subsection (b) and adding Subsection (f), as follows: (b) Deletes reference to Chapter 522. (f) Prohibits a court from granting an occupational license for the operation of a commercial motor vehicle to which Chapter 522 applies. SECTION 2. Amends Sections 522.003 (12), (23), and (25), Transportation Code, to redefine "driver's license," "out-of-service order," and "serious traffic violation," respectively. SECTION 3. Amends Section 522.011, Transportation Code, by adding Subsection (d) to provide that it is a defense to prosecution under Subsection (a)(1)(A) if the person charged produces in court a commercial driver's license that meets certain requirements. SECTION 4. Amends Sections 522.012 (b), (c), and (d), Transportation Code, to replace the text "highway administration" with "Federal Motor Carrier Safety Administration. SECTION 5. Amends Section 522.021(a), Transportation Code, to require an application for a commercial driver's license or commercial driver learner's permit to include certain information. SECTION 6. Amends Section 522.042(a), Transportation Code, to authorize the Department of Public Safety (department) to issue a commercial driver's license with certain endorsements. SECTION 7. Amends Section 522.062(a), Transportation Code, as follows: (a) Deletes text regarding a 10-day time limit and foreign jurisdiction. Requires the department, if a person holds a commercial driver's license issued by (rather than who has a domicile in) another state and is finally convicted of a violation of a state traffic law or local traffic ordinance that was committed in a commercial motor vehicle, to notify the driver's licensing authority in the issuing (rather than licensing) state of that conviction, in the time and manner required by 49 U.S.C. Section 31311. Makes conforming changes. SECTION 8. Amends the heading to Section 522.072, Transportation Code, to read as follows: Sec. 522.072. EMPLOYER RESPONSIBILITIES. SECTION 9. Amends Sections 522.072(b) and (c), Transportation Code, as follows: (b) Prohibits an employer from knowingly requiring a driver to operate a commercial motor vehicle in violation of a federal, state, or local law that regulates the operation of a motor vehicle at a railroad grade crossing. (c) Makes a conforming change. Authorizes, in addition to any penalty imposed under this chapter, an employer who violates this section (rather than Subsection (a) or an out-of-service order) to be penalized or disqualified under 49 C.F.R. Part 383. SECTION 10. Amends Sections 522.081(a) and (b), Transportation Code, as follows: (a) Provides that this subsection applies only to a violation committed while operating a commercial motor vehicle. Provides that a person is disqualified from driving a commercial motor vehicle for a certain number of days under certain conditions. (b) Provides that a person is disqualified from driving a commercial motor vehicle for one year on first conviction of : causing the death of another person through the negligent or criminal operation of a commercial motor vehicle; or driving a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle. SECTION 11. Amends Section 522.087, Transportation Code, as follows: Sec. 522.087. Provides that a person is automatically disqualified under Section 522.081(a)(1)(B), Section 522.081(b)(1), (3), (4), (6), or (7), or Section 522.081(d)(2). Provides that disqualifying a person under Section 522.081(a), other than under Subdivision (1)(B) of that subsection, or Section 522.081(d)(1) is subject to the notice and hearing procedures of Sections 521.295-521.303. SECTION 12. Amends Section 522.102, Transportation Code, by adding Subsection (c) to provide that this section and Section 522.103 apply only to a person who is stopped or detained while driving a commercial motor vehicle. SECTION 13. Amends Section 522.103, Transportation Code, to provide that a peace officer requesting a person to submit a specimen under Section 522.102 is not required to comply with Section 724.015. Makes a conforming change. SECTION 14. Amends Section 621.001, Transportation Code, by adding Subdivisions (10) and (11), to define "single axle weight" and "tandem axle weight," respectively. SECTION 15. Amends Section 621.101, Transportation Code, as follows: Sec. 621.101. New heading: MAXIMUM WEIGHT OF VEHICLE OR COMBINATION. (a) Deletes text concerning public highways outside the territory of a municipality and statemaintained public highways inside the territory of a municipality. Prohibits 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 under certain conditions. (b) Authorizes two consecutive sets of tandem axles, notwithstanding Subsection (a)(3), to carry a gross weight (rather than load) of not more than 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets is 36 feet or more. Prohibits the overall gross weight on a group of two or more consecutive axles from being heavier than 80,000 pounds, including all enforcement tolerances, regardless of tire ratings, axle spacing (bridge) and number of axles. (c) Sets forth restrictions on the coverage of this section. (d) Deletes existing Subsection (d) concerning the load carried on an axle. SECTION 16. Amends Sections 621.102(a) and (e), Transportation Code, as follows: (a) Authorizes the Texas Transportation Commission (commission) to set the maximum single axle weight, tandem axle weight, or gross weight of a vehicle or a combination of vehicles and loads that may be moved over a state highway or a farm or ranch road under certain conditions. Makes conforming changes. (e) Authorizes a vehicle operating under a permit issued under Sections 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or 623.212 to operate under the conditions authorized by the permit over a road for which the commission has set a maximum weight under this section. Deletes text concerning exceptions to this section. SECTION 17. Amends Sections 621.204(a) and (b), Transportation Code, to prohibit a semitrailer that is operated in a truck-tractor and semitrailer combination from being longer than 59 feet, excluding the length of the towing device. Makes a conforming change. SECTION 18. Amends Section 621.206, Transportation Code, to make nonsubstantive changes. SECTION 19. Amends Section 621.301(e), Transportation Code, to authorize a vehicle operating under a permit issued under Sections 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or 623.212 to operate under the conditions authorized by the permit over a road for which the commission has set a maximum weight under this section. Deletes text concerning exceptions to this section. SECTION 20. Amends Sections 621.402(a) and (c), Transportation Code, to make a conforming change and to provide that, prior to assessment of a penalty for weight which exceeds the maximum allowable axle weights, the owner or operator is authorized to shift the load to reduce or eliminate such excess axle weight penalties as long as no part of the shipment is removed. SECTION 21. Amends Section 621.404, Transportation Code, to make conforming changes. SECTION 22. Amends Section 621.405(b), Transportation Code, to delete text concerning the destination of a motor vehicle. SECTION 23. Amends Section 621.409(a), Transportation Code, to make a conforming change. SECTION 24. Amends Section 621.502(a), Transportation Code, to prohibit a person from operating or moving a vehicle on a highway under certain conditions. Makes conforming changes. SECTION 25. Amends Section 621.503(b), Transportation Code, to provide that intent to violate a limitation is presumed if the weight of the loaded vehicle is heavier than the applicable axle or gross (rather than vehicular) weight limit by 15 percent or more. Deletes text concerning the axle load limit. SECTION 26. Amends Sections 621.506(a), (b), (c), and (g), to provide that a person commits an offense if certain stated violations are made. Makes conforming changes. SECTION 27. Amends Section 621.507(a), Transportation Code, to provide that a person commits an offense if the person violates a provision of this subtitle (rather than subchapter) for which an offense is not specified by another section of this subtitle. SECTION 28. Amends Section 621.508, Transportation Code, as follows: Sec. 621.508. New heading: AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER MAXIMUM ALLOWABLE AXLE WEIGHT. Makes conforming changes. Provides that it is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a single axle weight or tandem axle weight heavier than the axle weight authorized by law that at the time of the offense the vehicle met certain requirements. SECTION 29. Amends Section 622.012, Transportation Code, as follows: Sec. 622.012. New heading: AXLE WEIGHT RESTRICTIONS. Makes conforming changes. SECTION 30. Amends Section 622.013(a), Transportation Code, to make a conforming change. SECTION 31. Amends Section 622.014(b), Transportation Code, to make conforming changes. SECTION 32. Amends Section 622.015, Transportation Code, to make a conforming change. SECTION 33. Amends Section 622.031, Transportation Code, as follows: Sec. 622.031. New heading: LENGTH AND AXLE WEIGHT RESTRICTIONS. Makes a conforming change. SECTION 34. Amends Section 622.041(b), Transportation Code, to provide that Subsection (a)(1) does not apply to a truck-tractor or truck-tractor combination transporting poles, piling, or unrefined timber. SECTION 35. Amends Section 622.0435(a), Transportation Code, to provide an exception to width, height, and gross weight requirements of a vehicle or combination of vehicles subject to this subchapter. Deletes text concerning the shortening of the distance between axles on a vehicle. SECTION 36. Amends Chapter 622D, Transportation Code, by adding Section 622.045, as follows: Sec. 622.045. INTERSTATE AND DEFENSE HIGHWAYS. (a) Provides that this subchapter does not authorize the operation of certain vehicles on the national system of interstate and defense highways in this state. (b) Provides that if the United States authorizes the operation on the national system of interstate and defense highways of a vehicle of a size or weight greater than those permitted under 23 U.S.C. Section 127 on August 29, 1997, the new limit automatically takes effect on the national system of interstate and defense highways in this state. SECTION 37. Amends Section 622.051(b), Transportation Code, to make a conforming change. SECTION 38. Amends Section 622.061(b), Transportation Code, to make a conforming change. SECTION 39. Amends Section 622.133, Transportation Code, as follows: Sec. 622.133. New heading: AXLE WEIGHT RESTRICTIONS. Makes conforming changes. Prohibits a single motor vehicle used exclusively to transport recyclable materials from being operated on a public highway if the gross weight is heavier than 64,000 pounds. SECTION 40. Amends Section 622.134(a), Transportation Code, to make a conforming change. SECTION 41. Amends Section 622.953, Transportation Code, to provide that the weight limitations of Section 621.101 do not apply to a single motor vehicle used exclusively to transport seed cotton modules. Deletes text concerning combinations of vehicles. Makes conforming changes. SECTION 42. Amends Section 623.162, Transportation Code, as follows: Sec. 623.162. New heading: AXLE WEIGHT RESTRICTIONS. Makes conforming changes. SECTION 43. Repeals Section 522.003(20) (highway administration), Transportation Code. SECTION 44. Repealers: Sections 621.505 (Maximum Size and Weight of Containers), 622.017 (Penalties), 622.033 (Penalties), 622.081 (Weight of Lumber), 622.136 (Penalties), 622.951 (Oil Field Service Equipment), and 623.165 (Penalties), Transportation Code. SECTION 45. (a) Provides that this Act takes effect September 1, 2001. (b) Provides that Section 522.011(d), Transportation Code, as added by this Act, applies only to an offense committed on or after the effective date of this Act. Provides that an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. (c) Provides that Section 522.021(a), Transportation Code, as amended by this Act, applies only to an application for a commercial driver's license that is filed on or after the effective date of this Act. Provides that an application for a commercial driver's license that was filed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. (d) Provides that Section 522.062(a), Transportation Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. Provides that an offense committed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. (e) Provides that Section 522.081, Transportation Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. Provides that an offense committed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. (f) Provides that Section 522.087, Transportation Code, as amended by this Act, applies only to a disqualification that is issued under Chapter 522, Transportation Code, on or after the effective date of this Act. Provides that a disqualification that is issued under that chapter before the effective date of this Act is governed by the law in effect on the date the disqualification was issued, and the former law is continued in effect for that purpose. (g) Provides that Sections 522.102 and 522.103, Transportation Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. Provides that an offense committed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. (h) Provides that the changes in law made by Section 44 of this Act and Sections 621.506 and 621.507, Transportation Code, as amended by this Act, apply only to an offense committed on or after September 1, 2001. Provides that an offense under Section 621.506 or 621.507, Transportation Code, or under a law repealed by Section 44 of this Act, that was committed before September 1, 2001, is covered by the law as it existed immediately before the effective date of this Act, and the former law is continued in effect for that purpose.