By: Shapiro, Ogden S.B. No. 220
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation and enforcement of weight limitations
1-3 and safety standards for certain motor vehicles; providing
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 621, Transportation Code,
1-7 is amended by adding Section 621.007 to read as follows:
1-8 Sec. 621.007. EVIDENCE OF VIOLATION. (a) In a proceeding
1-9 in which a violation of a weight restriction under this subtitle
1-10 may be an issue, a document is admissible as relevant evidence of
1-11 the violation if:
1-12 (1) the document is:
1-13 (A) a record kept under Section 621.410; or
1-14 (B) a bill of lading, freight bill, weight
1-15 certification, or similar document that is issued by a person
1-16 consigning cargo for shipment or engaged in the business of
1-17 transporting or forwarding cargo; and
1-18 (2) the document states:
1-19 (A) a gross weight of the vehicle or combination
1-20 of vehicles and cargo that exceeds a weight restriction under this
1-21 subtitle; or
1-22 (B) a gross weight of the cargo that combined
1-23 with the empty weight of the vehicle or combination of vehicles
1-24 exceeds a weight restriction under this subtitle.
1-25 (b) This section does not limit the admissibility of any
2-1 other evidence relating to the violation.
2-2 SECTION 2. Section 621.101, Transportation Code, is amended
2-3 to read as follows:
2-4 Sec. 621.101. MAXIMUM WEIGHT OF LOAD. (a) A vehicle or
2-5 combination of vehicles may not be operated over or on a public
2-6 highway [outside the territory of a municipality, over or on a
2-7 state-maintained public highway inside the territory of a
2-8 municipality,] or at a port-of-entry between Texas and the United
2-9 Mexican States if the vehicle or combination has:
2-10 (1) a single [an] axle weight [that carries a load]
2-11 heavier than 20,000 pounds[:]
2-12 [(A) 16,000 pounds on high-pressure tires; or]
2-13 [(B) 20,000 pounds on low-pressure tires,
2-14 including all enforcement tolerances];
2-15 (2) a tandem axle weight heavier than 34,000 pounds,
2-16 including all enforcement tolerances;
2-17 (3) an overall gross weight on a group of two or more
2-18 consecutive axles heavier than the weight computed using the
2-19 following formula and rounding the result to the nearest 500
2-20 pounds:
2-21 W = 500((LN/(N-1)) + 12N + 36)
2-22 where:
2-23 "W" is maximum overall gross weight on the group;
2-24 "L" is distance in feet between the axles of the group that
2-25 are the farthest apart; and
2-26 "N" is number of axles in the group; or
3-1 (4) tires that carry a weight greater than the weight
3-2 specified and marked on the sidewall of the tire, unless the
3-3 vehicle is being operated under the terms of a special permit [a
3-4 weight heavier than:]
3-5 [(A) 600 pounds for each inch of tire width
3-6 concentrated on the surface of the highway on a wheel using
3-7 high-pressure tires; or]
3-8 [(B) 650 pounds for each inch of tire width
3-9 concentrated on the surface of the highway on a wheel using
3-10 low-pressure tires; or]
3-11 [(5) a wheel that carries a load heavier than:]
3-12 [(A) 8,000 pounds on high-pressure tires; or]
3-13 [(B) 10,000 pounds on low-pressure tires].
3-14 (b) Notwithstanding Subsection (a)(3), two consecutive sets
3-15 of tandem axles may carry a gross load of not more than 34,000
3-16 pounds each if the overall distance between the first and last
3-17 axles of the consecutive sets is 36 feet or more. The overall
3-18 gross weight on a vehicle [group of two or more consecutive axles]
3-19 may not be heavier than 80,000 pounds, regardless of tire ratings,
3-20 axle spacing (bridge), and number of axles [including all
3-21 enforcement tolerances].
3-22 (c) This section does not:
3-23 (1) authorize size or weight limits on the national
3-24 system of interstate and defense highways in this state greater
3-25 than those permitted under 23 U.S.C. Section 127; or
3-26 (2) prohibit the operation of a vehicle or combination
4-1 of vehicles that could be lawfully operated on a highway or road of
4-2 this state on December 16, 1974.
4-3 (d) In [For the purposes of] this section:
4-4 (1) "Single axle" means the weight of one axle with
4-5 two or more tires.
4-6 (2) "Tandem axle" means the weight of two axles spaced
4-7 not more than eight feet apart with the axles mounted on a single
4-8 suspension system to provide equal distribution of loads between
4-9 the axles[, the load carried on an axle is the total load
4-10 transmitted to the road by all wheels the centers of which can be
4-11 included between two parallel transverse vertical planes 40 inches
4-12 apart, extending across the full width of the vehicle].
4-13 SECTION 3. Subsection (a), Section 621.301, Transportation
4-14 Code, is amended to read as follows:
4-15 (a) The commissioners court of a county may establish load
4-16 limits for any county road or bridge only with the concurrence of
4-17 the department. A load limit shall be deemed concurred with by the
4-18 department 30 days after the county submits the load limits to the
4-19 department, though the department may review the load limits and
4-20 withdraw concurrence at any time after the 30-day period.
4-21 SECTION 4. Subchapter F, Chapter 621, Transportation Code,
4-22 is amended by adding Section 621.410 to read as follows:
4-23 Sec. 621.410. WEIGHT RECORD. (a) This section applies only
4-24 to cargo transported by a commercial motor vehicle.
4-25 (b) A person who weighs cargo before or after unloading
4-26 shall keep a written record, in the form prescribed by the
5-1 department, containing the information required by Subsection (c).
5-2 (c) A record under this section must state:
5-3 (1) the origin, weight, and composition of the cargo;
5-4 (2) the date of loading or unloading, as applicable;
5-5 (3) the name and address of the shipper;
5-6 (4) the total number of axles on the vehicle or
5-7 combination of vehicles transporting the cargo;
5-8 (5) an identification number of the vehicle or other
5-9 identification of the vehicle required by department rules; and
5-10 (6) any other information required by the department.
5-11 (d) A person required to keep a record under this section
5-12 shall keep the record for not less than 180 days after the date it
5-13 is created. The person shall make the record available to
5-14 inspection and copying by a weight enforcement officer on demand.
5-15 A warrant is not required for this inspection and copying.
5-16 SECTION 5. Subchapter G, Chapter 621, Transportation Code,
5-17 is amended by adding Section 621.509 to read as follows:
5-18 Sec. 621.509. FAILURE TO MAINTAIN WEIGHT RECORD. (a) A
5-19 person commits an offense if the person fails to keep a weight
5-20 record in violation of Section 621.410.
5-21 (b) An offense under this section is a Class C misdemeanor.
5-22 SECTION 6. Subsection (c), Section 623.011, Transportation
5-23 Code, is amended to read as follows:
5-24 (c) A permit issued under this section:
5-25 (1) is valid for one year; and
5-26 (2) must be carried in the vehicle for which it is
6-1 issued[; and]
6-2 [(3) does not authorize the operation on the national
6-3 system of interstate and defense highways in this state of vehicles
6-4 with a weight greater than authorized by federal law].
6-5 SECTION 7. Subchapter B, Chapter 623, Transportation Code,
6-6 is amended by adding Section 623.0113 to read as follows:
6-7 Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
6-8 by Subsection (b), a permit issued under Section 623.011 does not
6-9 authorize the operation of a vehicle on:
6-10 (1) the national system of interstate and defense
6-11 highways in this state if the weight of the vehicle is greater than
6-12 authorized by federal law; or
6-13 (2) a bridge for which a maximum weight and load limit
6-14 has been established and posted by the Texas Transportation
6-15 Commission under Section 621.102 or the commissioners court of a
6-16 county under Section 621.301, if the gross weight of the vehicle
6-17 and load or the axles and wheel loads are greater than the limits
6-18 established and posted under those sections.
6-19 (b) The restrictions under Subsection (a)(2) do not apply if
6-20 a bridge described by Subsection (a)(2) provides the only public
6-21 vehicular access from an origin or to a destination by a holder of
6-22 a permit issued under Section 623.011. The holder of a permit
6-23 shall notify the office of the county judge or the office of the
6-24 sheriff within 24 hours prior to any operation of a vehicle on a
6-25 bridge if the gross weight of the vehicle and load or the axles and
6-26 wheel loads are greater than the limits established by the county.
7-1 SECTION 8. Subchapter A, Chapter 644, Transportation Code,
7-2 is amended by adding Section 644.005 to read as follows:
7-3 Sec. 644.005. DEPARTMENT DATABASE. The department shall
7-4 develop and maintain a database on roadside vehicle inspection
7-5 reports for defects on any intermodal equipment. The database
7-6 shall include all citations involving intermodal equipment issued
7-7 by officers certified under Section 644.101. The database shall be
7-8 used to identify violations discovered on intermodal equipment
7-9 during a roadside inspection.
7-10 SECTION 9. Section 644.101, Transportation Code, is amended
7-11 to read as follows:
7-12 Sec. 644.101. CERTIFICATION OF CERTAIN PEACE [MUNICIPAL
7-13 POLICE] OFFICERS. (a) The department shall establish procedures,
7-14 including training, for the certification of municipal police
7-15 officers, sheriffs, and deputy sheriffs to enforce this chapter.
7-16 (b) A police officer of any of the following municipalities
7-17 is eligible to apply for certification under this section:
7-18 (1) a municipality with a population of 100,000 or
7-19 more;
7-20 (2) a municipality with a population of 25,000 or more
7-21 any part of which is located in a county with a population of two
7-22 [2.4] million or more;
7-23 (3) a municipality with a population of less than
7-24 25,000:
7-25 (A) any part of which is located in a county
7-26 with a population of 2.4 million; and
8-1 (B) that contains or is adjacent to an
8-2 international port; or
8-3 (4) a municipality any part of which is located in a
8-4 county bordering the United Mexican States.
8-5 (c) A sheriff or a deputy sheriff of a county bordering the
8-6 United Mexican States is eligible to apply for certification under
8-7 this section.
8-8 (d) The department by rule shall establish reasonable fees
8-9 sufficient to recover from a municipality or a county the cost of
8-10 certifying its peace [police] officers under this section.
8-11 SECTION 10. Section 644.102, Transportation Code, is amended
8-12 to read as follows:
8-13 Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
8-14 (a) The department by rule shall establish uniform standards for
8-15 municipal or county enforcement of this chapter.
8-16 (b) A municipality or county that engages in enforcement
8-17 under this chapter:
8-18 (1) shall pay all costs relating to the municipality's
8-19 or county's enforcement;
8-20 (2) may not be considered, in the context of a federal
8-21 grant related to this chapter:
8-22 (A) a party to a federal grant agreement; or
8-23 (B) a grantee under a federal grant to the
8-24 department; and
8-25 (3) must comply with the standards established under
8-26 Subsection (a).
9-1 (c) Municipal or county enforcement under Section 644.103(b)
9-2 is not considered departmental enforcement for purposes of
9-3 maintaining levels of effort required by a federal grant.
9-4 (d) In each fiscal year, a municipality may retain fines
9-5 from the enforcement of this chapter in an amount not to exceed 110
9-6 percent of the municipality's actual expenses for enforcement of
9-7 this chapter in the preceding fiscal year, as determined by the
9-8 comptroller after reviewing the most recent municipal audit
9-9 conducted under Section 103.001, Local Government Code. If there
9-10 are no actual expenses for enforcement of this chapter in the most
9-11 recent municipal audit, a municipality may retain fines in an
9-12 amount not to exceed 110 percent of the amount the comptroller
9-13 estimates would be the municipality's actual expenses for
9-14 enforcement of this chapter during the year.
9-15 (e) In each fiscal year, a county may retain fines from the
9-16 enforcement of this chapter in an amount not to exceed 110 percent
9-17 of the county's actual expenses for enforcement of this chapter in
9-18 the preceding fiscal year, as determined by the comptroller after
9-19 reviewing the most recent county audit conducted under Chapter 115,
9-20 Local Government Code. If there are no actual expenses for
9-21 enforcement of this chapter in the most recent county audit, a
9-22 county may retain fines in an amount not to exceed 110 percent of
9-23 the amount the comptroller estimates would be the county's actual
9-24 expenses for enforcement of this chapter during the year.
9-25 (f) A municipality or county shall send to the comptroller
9-26 the proceeds of all fines that exceed the limit imposed by
10-1 Subsection (d) or (e).
10-2 (g) [(f)] The department shall revoke or rescind the
10-3 certification of any peace [municipal police] officer who fails to
10-4 comply with any standard established under Subsection (a).
10-5 SECTION 11. Subsection (b), Section 644.103, Transportation
10-6 Code, is amended to read as follows:
10-7 (b) A municipal police officer who is certified under
10-8 Section 644.101 may detain on a highway or at a port of entry
10-9 within the territory of the municipality a motor vehicle that is
10-10 subject to this chapter. A sheriff or deputy sheriff who is
10-11 certified under Section 644.101 may detain on a highway or at a
10-12 port of entry within the territory of the county a motor vehicle
10-13 that is subject to this chapter.
10-14 SECTION 12. (a) This Act takes effect September 1, 2001.
10-15 (b) The change in law made by this Act applies only to an
10-16 offense committed on or after the effective date of this Act. For
10-17 the purposes of this section, an offense is committed before the
10-18 effective date of this Act if any element of the offense occurs
10-19 before that date.