SRC-SEW S.B. 886 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 886
77R3491 JAT-FBy: Ogden
State Affairs
3/26/2001
As Filed


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Transportation Code are outdated, with some provisions dating back to the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.  As proposed, 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 621.001, Transportation Code, by adding
Subdivisions (10) and (11), to define "single axle weight" and "tandem axle
weight," respectively. 

SECTION 2.  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 have (rather than 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. 

  (c) Sets forth restrictions on the coverage of this section.

  (d) Deletes existing Subsection (d) concerning the load carried on an
axle. 

SECTION 3.  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 4.  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 5.  Amends Section 621.206, Transportation Code, to make
nonsubstantive changes. 

SECTION 6.  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 7.  Amends Section 621.402(a), Transportation Code, to make a
conforming change. 

SECTION 8.  Amends Section 621.404, Transportation Code, to make conforming
changes. 

SECTION 9.  Amends Section 621.405(b), Transportation Code, to delete text
concerning the destination of a motor vehicle. 

SECTION 10.  Amends Section 621.409(a), Transportation Code, to make a
conforming change.  

SECTION 11.  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 12.  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 13.  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 14.  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 15.  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 meets certain requirements. 

SECTION 16.  Amends Section 622.012, Transportation Code, as follows:

Sec. 622.012.  New heading:  AXLE WEIGHT RESTRICTIONS.  Makes conforming
changes. 

SECTION 17.  Amends Section 622.013(a), Transportation Code, to make a
conforming change. 

SECTION 18.  Amends Section 622.014(b), Transportation Code, to make
conforming changes. 

SECTION 19.  Amends Section 622.015, Transportation Code, to make a
conforming change. 

 SECTION 20.  Amends Section 622.031, Transportation Code, as follows:

Sec. 622.031.  New heading:  LENGTH AND AXLE WEIGHT RESTRICTIONS.  Makes a
conforming change. 

SECTION 21.  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 22.  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 23.  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 24.  Amends Section 622.051(b), Transportation Code, to make a
conforming change. 

SECTION 25.  Amends Section 622.061(b), Transportation Code, to make a
conforming change. 

SECTION 26.  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 heaver than 65,000 (rather than 64,000) pounds.   

SECTION 27.  Amends Section 622.134(a), Transportation Code, to make a
conforming change. 

SECTION 28.  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 29.  Amends Section 623.162, Transportation Code, as follows:

Sec. 623.162.  New heading:  AXLE WEIGHT RESTRICTIONS.  Makes conforming
changes. 

SECTION 30.  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 31.  Provides that the changes in law made by Sections 13 and 30 of
this Act are prospective. 

SECTION 32.  Effective date:  September 1, 2001.