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Transportation Code are outdated, with some provisions dating back to the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.