SRC-SEW S.B. 889 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 889
77R3466 JD-FBy: Ogden
State Affairs
3/22/2001
As Filed


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.  As
proposed, 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 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 4.  Amends Section 622.134, Transportation Code, by adding
Subsection (d), to make a conforming change. 

SECTION 5.  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 6.  Amends Section 623.163, Transportation Code, by adding
Subsection (d), to make a conforming change. 

 SECTION 7.  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 8.  Effective date: September 1, 2001.