SRC-SEW S.B. 889 77(R)BILL ANALYSIS Senate Research CenterS.B. 889 By: Ogden State Affairs 6/18/2001 Enrolled DIGEST AND PURPOSE Under current law, trucks that carry overweight loads must purchase a 2060 permit. In order to purchase that permit, truck operators must have a $15,000 bond. Concrete, solid waste, and recycleable material haulers are exempt from the 2060 permit requirement; however, they are still required to have a $15,000 bond. When an overweight truck is stopped by a Department of Public Safety (DPS) trooper, the officer knows the truck operator is complying with certain bond requirements if he or she has a 2060 permit. However, if a concrete, solid waste, or recycling truck is stopped, the trooper must verify that its operator is complying with the bond requirement by calling the Texas Department of Transportation. This causes extra work for the trooper and delays for the truck operator. S.B. 889 requires all truck drivers, including drivers of concrete, solid waste, and recycling trucks, to carry proof of a $15,000 bond to cover potential road damage. 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 622.013, Transportation Code, by adding Subsection (c), to require a copy of the bond to be carried on the vehicle when the vehicle is on a public highway and presented to an officer authorized to enforce this chapter on request of the officer. SECTION 2. Amends Section 622.017, Transportation Code, by amending Subsection (b) to make a conforming change and adding Subsection (d), to provide that a person commits an offense if the person fails in violation of Section 622.013(c) to carry or present the copy of the bond filed with the Texas Department of Transportation (department). Provides that an offense under this subsection is a misdemeanor punishable by a fine not to exceed $200. SECTION 3. Amends Chapter 622B, Transportation Code, by adding Section 622.018, as follows: Sec. 622.018. DEFENSE TO PROSECUTION: BOND IN EFFECT. Provides that it is a defense to prosecution under Section 622.017 that the person charged produces a surety bond that complies with Section 622.013 that was valid at the time the offense is alleged to have occurred. Requires the court, if the court verifies the bond produced by the person, to dismiss the charge. SECTION 4. Amends Section 622.133, Transportation Code, to authorize a single vehicle used exclusively to transport recyclable materials to be operated on a public highway only under certain conditions. SECTION 5. Amends Section 622.134, Transportation Code, by adding Subsection (d), to make a conforming change. SECTION 6. Amends Section 622.136, Transportation Code, by amending Subsection (b) to make a conforming change and adding Subsection (d), to provide that a person commits an offense if the person fails in violation of Section 622.134(d) to carry or present the copy of the bond filed with the department. Makes a conforming change. SECTION 7. Amends Chapter 622J, Transportation Code, by adding Section 622.137, as follows: Sec. 622.137. DEFENSE TO PROSECUTION: BOND IN EFFECT. Provides that it is a defense to prosecution under Section 622.136 that the person charged produces a surety bond that complies with Section 622.134 that was valid at the time the offense is alleged to have occurred. Requires the court, if the court verifies the bond produced by the person, to dismiss the charge. SECTION 8. Amends Section 623.163, Transportation Code, by adding Subsection (d) to set forth requirements regarding the use of the bond. SECTION 9. Amends Section 623.165, Transportation Code, by amending Subsection (b) to make a conforming change and adding Subsection (d), to provide that a person commits an offense if the person fails in violation of Section 623.163(d) to carry or present the copy of the bond filed with the department. Makes a conforming change. SECTION 10. Amends Chapter 623H, Transportation Code, by adding Section 623.166, as follows: Sec. 623.166. DEFENSE TO PROSECUTION: BOND IN EFFECT. Provides that it is a defense to prosecution under Section 622.165 that the person charged produces a surety bond that complies with Section 622.163 that was valid at the time the offense is alleged to have occurred. Requires the court, if the court verifies the bond produced by the person, to dismiss the charge. SECTION 11. Effective date: September 1, 2001.