1-1 AN ACT
1-2 relating to the regulation and enforcement of weight limitations
1-3 and safety standards for certain motor vehicles and the enforcement
1-4 of certain other traffic laws; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a), Section 251.153, Transportation
1-7 Code, is amended to read as follows:
1-8 (a) The commissioners court of a county may establish load
1-9 limits for any county road or bridge in the manner prescribed by
1-10 Section 621.301.
1-11 SECTION 2. Section 621.001, Transportation Code, is amended
1-12 by adding Subdivisions (10) and (11) to read as follows:
1-13 (10) "Single axle weight" means the total weight
1-14 transmitted to the road by all wheels whose centers may be included
1-15 between two parallel transverse vertical planes 40 inches apart,
1-16 extending across the full width of the vehicle.
1-17 (11) "Tandem axle weight" means the total weight
1-18 transmitted to the road by two or more consecutive axles whose
1-19 centers may be included between parallel transverse vertical planes
1-20 spaced more than 40 inches and not more than 96 inches apart,
1-21 extending across the full width of the vehicle.
1-22 SECTION 3. Subchapter A, Chapter 621, Transportation Code,
1-23 is amended by adding Section 621.007 to read as follows:
1-24 Sec. 621.007. EVIDENCE OF VIOLATION. (a) In a proceeding
1-25 in which a violation of a weight restriction under this subtitle
2-1 may be an issue, a document is admissible as relevant evidence of
2-2 the violation if:
2-3 (1) the document is:
2-4 (A) a record kept under Section 621.410; or
2-5 (B) a bill of lading, freight bill, weight
2-6 certification, or similar document that is issued by a person
2-7 consigning cargo for shipment or engaged in the business of
2-8 transporting or forwarding cargo; and
2-9 (2) the document states:
2-10 (A) a gross weight of the vehicle or combination
2-11 of vehicles and cargo that exceeds a weight restriction under this
2-12 subtitle; or
2-13 (B) a gross weight of the cargo that combined
2-14 with the empty weight of the vehicle or combination of vehicles
2-15 exceeds a weight restriction under this subtitle.
2-16 (b) This section does not limit the admissibility of any
2-17 other evidence relating to the violation.
2-18 SECTION 4. Section 621.101, Transportation Code, is amended
2-19 to read as follows:
2-20 Sec. 621.101. MAXIMUM WEIGHT OF LOAD. (a) A vehicle or
2-21 combination of vehicles may not be operated over or on a public
2-22 highway [outside the territory of a municipality, over or on a
2-23 state-maintained public highway inside the territory of a
2-24 municipality,] or at a port-of-entry between Texas and the United
2-25 Mexican States if the vehicle or combination has:
2-26 (1) a single [an] axle weight [that carries a load]
3-1 heavier than 20,000 pounds[:]
3-2 [(A) 16,000 pounds on high-pressure tires; or]
3-3 [(B) 20,000 pounds on low-pressure tires],
3-4 including all enforcement tolerances;
3-5 (2) a tandem axle weight heavier than 34,000 pounds,
3-6 including all enforcement tolerances;
3-7 (3) an overall gross weight on a group of two or more
3-8 consecutive axles heavier than the weight computed using the
3-9 following formula and rounding the result to the nearest 500
3-10 pounds:
3-11 W = 500((LN/(N-1)) + 12N + 36)
3-12 where:
3-13 "W" is maximum overall gross weight on the group;
3-14 "L" is distance in feet between the axles of the group that
3-15 are the farthest apart; and
3-16 "N" is number of axles in the group; or
3-17 (4) tires that carry a weight greater than the weight
3-18 specified and marked on the sidewall of the tire, unless the
3-19 vehicle is being operated under the terms of a special permit [a
3-20 weight heavier than:]
3-21 [(A) 600 pounds for each inch of tire width
3-22 concentrated on the surface of the highway on a wheel using
3-23 high-pressure tires; or]
3-24 [(B) 650 pounds for each inch of tire width
3-25 concentrated on the surface of the highway on a wheel using
3-26 low-pressure tires; or]
4-1 [(5) a wheel that carries a load heavier than:]
4-2 [(A) 8,000 pounds on high-pressure tires; or]
4-3 [(B) 10,000 pounds on low-pressure tires].
4-4 (b) Notwithstanding Subsection (a)(3), two consecutive sets
4-5 of tandem axles may carry a gross load of not more than 34,000
4-6 pounds each if the overall distance between the first and last
4-7 axles of the consecutive sets is 36 feet or more. The overall
4-8 gross weight on a vehicle [group of two or more consecutive axles]
4-9 may not be heavier than 80,000 pounds, including all enforcement
4-10 tolerances, regardless of tire ratings, axle spacing (bridge), and
4-11 number of axles.
4-12 (c) This section does not:
4-13 (1) authorize size or weight limits on the national
4-14 system of interstate and defense highways in this state greater
4-15 than those permitted under 23 U.S.C. Section 127; or
4-16 (2) prohibit the operation of a vehicle or combination
4-17 of vehicles that could be lawfully operated on a highway or road of
4-18 this state on December 16, 1974.
4-19 [(d) For the purposes of this section, the load carried on
4-20 an axle is the total load transmitted to the road by all wheels the
4-21 centers of which can be included between two parallel transverse
4-22 vertical planes 40 inches apart, extending across the full width of
4-23 the vehicle.]
4-24 SECTION 5. Subsection (a), Section 621.301, Transportation
4-25 Code, is amended to read as follows:
4-26 (a) The commissioners court of a county may establish load
5-1 limits for any county road or bridge only with the concurrence of
5-2 the department. A load limit shall be deemed concurred with by the
5-3 department 30 days after the county submits to the department the
5-4 load limit accompanied by supporting documentation and calculations
5-5 reviewed and sealed by an engineer licensed in this state, though
5-6 the department may review the load limit and withdraw concurrence
5-7 at any time after the 30-day period.
5-8 SECTION 6. Subchapter F, Chapter 621, Transportation Code,
5-9 is amended by adding Section 621.410 to read as follows:
5-10 Sec. 621.410. WEIGHT RECORD. (a) This section applies only
5-11 to cargo other than timber or another agricultural product in its
5-12 natural state transported by a commercial motor vehicle.
5-13 (b) A person who weighs cargo before or after unloading
5-14 shall keep a written record, in the form prescribed by the
5-15 department, containing the information required by Subsection (c).
5-16 (c) A record under this section must state:
5-17 (1) the origin, weight, and composition of the cargo;
5-18 (2) the date of loading or unloading, as applicable;
5-19 (3) the name and address of the shipper;
5-20 (4) the total number of axles on the vehicle or
5-21 combination of vehicles transporting the cargo;
5-22 (5) an identification number of the vehicle or other
5-23 identification of the vehicle required by department rules; and
5-24 (6) any other information required by the department.
5-25 (d) A person required to keep a record under this section
5-26 shall keep the record for not less than 180 days after the date it
6-1 is created. The person shall make the record available to
6-2 inspection and copying by a weight enforcement officer on demand.
6-3 (e) This section does not apply to a vehicle that transports
6-4 material regulated under Section 623.161.
6-5 SECTION 7. Subchapter G, Chapter 621, Transportation Code,
6-6 is amended by adding Section 621.509 to read as follows:
6-7 Sec. 621.509. FAILURE TO MAINTAIN WEIGHT RECORD. (a) A
6-8 person commits an offense if the person fails to keep a weight
6-9 record in violation of Section 621.410.
6-10 (b) An offense under this section is a Class C misdemeanor.
6-11 SECTION 8. Subsection (c), Section 623.011, Transportation
6-12 Code, is amended to read as follows:
6-13 (c) A permit issued under this section:
6-14 (1) is valid for one year; and
6-15 (2) must be carried in the vehicle for which it is
6-16 issued[; and]
6-17 [(3) does not authorize the operation on the national
6-18 system of interstate and defense highways in this state of vehicles
6-19 with a weight greater than authorized by federal law].
6-20 SECTION 9. Subchapter B, Chapter 623, Transportation Code,
6-21 is amended by adding Section 623.0113 to read as follows:
6-22 Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
6-23 by Subsection (b), a permit issued under Section 623.011 does not
6-24 authorize the operation of a vehicle on:
6-25 (1) the national system of interstate and defense
6-26 highways in this state if the weight of the vehicle is greater than
7-1 authorized by federal law; or
7-2 (2) a bridge for which a maximum weight and load limit
7-3 has been established and posted by the Texas Transportation
7-4 Commission under Section 621.102 or the commissioners court of a
7-5 county under Section 621.301, if the gross weight of the vehicle
7-6 and load or the axles and wheel loads are greater than the limits
7-7 established and posted under those sections.
7-8 (b) The restrictions under Subsection (a)(2) do not apply if
7-9 a bridge described by Subsection (a)(2) provides the only public
7-10 vehicular access from an origin or to a destination by a holder of
7-11 a permit issued under Section 623.011.
7-12 SECTION 10. Subchapter A, Chapter 644, Transportation Code,
7-13 is amended by adding Section 644.005 to read as follows:
7-14 Sec. 644.005. DEPARTMENT DATABASE. The department shall
7-15 develop and maintain a database on roadside vehicle inspection
7-16 reports for defects on any intermodal equipment. The database
7-17 shall include all citations involving intermodal equipment issued
7-18 by officers certified under Section 644.101. The database shall be
7-19 used to identify violations discovered on intermodal equipment
7-20 during a roadside inspection.
7-21 SECTION 11. Section 644.101, Transportation Code, is amended
7-22 to read as follows:
7-23 Sec. 644.101. CERTIFICATION OF CERTAIN PEACE [MUNICIPAL
7-24 POLICE] OFFICERS. (a) The department shall establish procedures,
7-25 including training, for the certification of municipal police
7-26 officers, sheriffs, and deputy sheriffs to enforce this chapter.
8-1 (b) A police officer of any of the following municipalities
8-2 is eligible to apply for certification under this section:
8-3 (1) a municipality with a population of 100,000 or
8-4 more;
8-5 (2) a municipality with a population of 25,000 or more
8-6 any part of which is located in a county with a population of two
8-7 [2.4] million or more;
8-8 (3) a municipality with a population of less than
8-9 25,000:
8-10 (A) any part of which is located in a county
8-11 with a population of 2.4 million; and
8-12 (B) that contains or is adjacent to an
8-13 international port; or
8-14 (4) a municipality any part of which is located in a
8-15 county bordering the United Mexican States.
8-16 (c) A sheriff or a deputy sheriff of a county bordering the
8-17 United Mexican States or of a county with a population of 2.2
8-18 million or more is eligible to apply for certification under this
8-19 section.
8-20 (d) A sheriff, a deputy sheriff, or any peace officer that
8-21 does not attend continuing education courses on the enforcement of
8-22 traffic and highway laws and on the use of radar equipment as
8-23 prescribed by Subchapter F, Chapter 1701, Occupations Code, shall
8-24 not enforce traffic and highway laws.
8-25 (e) The department by rule shall establish reasonable fees
8-26 sufficient to recover from a municipality or a county the cost of
9-1 certifying its peace [police] officers under this section.
9-2 SECTION 12. Section 644.102, Transportation Code, is amended
9-3 to read as follows:
9-4 Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
9-5 (a) The department by rule shall establish uniform standards for
9-6 municipal or county enforcement of this chapter.
9-7 (b) A municipality or county that engages in enforcement
9-8 under this chapter:
9-9 (1) shall pay all costs relating to the municipality's
9-10 or county's enforcement;
9-11 (2) may not be considered, in the context of a federal
9-12 grant related to this chapter:
9-13 (A) a party to a federal grant agreement; or
9-14 (B) a grantee under a federal grant to the
9-15 department; and
9-16 (3) must comply with the standards established under
9-17 Subsection (a).
9-18 (c) Municipal or county enforcement under Section 644.103(b)
9-19 is not considered departmental enforcement for purposes of
9-20 maintaining levels of effort required by a federal grant.
9-21 (d) In each fiscal year, a municipality may retain fines
9-22 from the enforcement of this chapter in an amount not to exceed 110
9-23 percent of the municipality's actual expenses for enforcement of
9-24 this chapter in the preceding fiscal year, as determined by the
9-25 comptroller after reviewing the most recent municipal audit
9-26 conducted under Section 103.001, Local Government Code. If there
10-1 are no actual expenses for enforcement of this chapter in the most
10-2 recent municipal audit, a municipality may retain fines in an
10-3 amount not to exceed 110 percent of the amount the comptroller
10-4 estimates would be the municipality's actual expenses for
10-5 enforcement of this chapter during the year.
10-6 (e) In each fiscal year, a county may retain fines from the
10-7 enforcement of this chapter in an amount not to exceed 110 percent
10-8 of the county's actual expenses for enforcement of this chapter in
10-9 the preceding fiscal year, as determined by the comptroller after
10-10 reviewing the most recent county audit conducted under Chapter 115,
10-11 Local Government Code. If there are no actual expenses for
10-12 enforcement of this chapter in the most recent county audit, a
10-13 county may retain fines in an amount not to exceed 110 percent of
10-14 the amount the comptroller estimates would be the county's actual
10-15 expenses for enforcement of this chapter during the year.
10-16 (f) A municipality or county shall send to the comptroller
10-17 the proceeds of all fines that exceed the limit imposed by
10-18 Subsection (d) or (e). The comptroller shall then deposit the
10-19 remaining funds to the credit of the Texas Department of
10-20 Transportation.
10-21 (g) [(f)] The department shall revoke or rescind the
10-22 certification of any peace [municipal police] officer who fails to
10-23 comply with any standard established under Subsection (a).
10-24 SECTION 13. Subsection (b), Section 644.103, Transportation
10-25 Code, is amended to read as follows:
10-26 (b) A municipal police officer who is certified under
11-1 Section 644.101 may detain on a highway or at a port of entry
11-2 within the territory of the municipality a motor vehicle that is
11-3 subject to this chapter. A sheriff or deputy sheriff who is
11-4 certified under Section 644.101 may detain on a highway or at a
11-5 port of entry within the territory of the county a motor vehicle
11-6 that is subject to this chapter.
11-7 SECTION 14. (a) Except as provided by Subsection (c) of
11-8 this section, this Act takes effect September 1, 2001.
11-9 (b) Section 621.101, Transportation Code, as amended by this
11-10 Act, applies only to a vehicle or combination of vehicles operated
11-11 on a public highway or at a port-of-entry on or after the effective
11-12 date of this Act. A vehicle or combination of vehicles operated on
11-13 a public highway or at a port-of-entry before the effective date of
11-14 this Act is governed by the law in effect at the time the vehicle
11-15 or combination of vehicles was operated, and the former law is
11-16 continued in effect for that purpose.
11-17 (c) Section 621.509, Transportation Code, as added by this
11-18 Act, takes effect October 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 220 passed the Senate on
March 6, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 220 passed the House, with
amendments, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor