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