77R13756 E                          
         By Shapiro, et al.                                     S.B. No. 220
         Substitute the following for S.B. No. 220:
         By Alexander                                       C.S.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 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.  Subchapter A, Chapter 621, Transportation Code,
1-12     is amended by adding Section 621.007 to read as follows:
1-13           Sec. 621.007.  EVIDENCE OF VIOLATION.  (a)  In a proceeding
1-14     in which a violation of a weight restriction under this subtitle
1-15     may be an issue, a document is admissible as relevant evidence of
1-16     the violation if:
1-17                 (1)  the document is:
1-18                       (A)  a record kept under Section 621.410; or
1-19                       (B)  a bill of lading, freight bill, weight
1-20     certification, or similar document that is issued by a person
1-21     consigning cargo for shipment or engaged in the business of
1-22     transporting or forwarding cargo; and
1-23                 (2)  the document states:
1-24                       (A)  a gross weight of the vehicle or combination
 2-1     of vehicles and cargo that exceeds a weight restriction under this
 2-2     subtitle; or
 2-3                       (B)  a gross weight of the cargo that combined
 2-4     with the empty weight of the vehicle or combination of vehicles
 2-5     exceeds a weight restriction under this subtitle.
 2-6           (b)  This section does not limit the admissibility of any
 2-7     other evidence relating to the violation.
 2-8           SECTION 3.  Section 621.101, Transportation Code, is amended
 2-9     to read as follows:
2-10           Sec. 621.101.  MAXIMUM WEIGHT OF LOAD.  (a) A vehicle or
2-11     combination of vehicles may not be operated over or on a public
2-12     highway [outside the territory of a municipality, over or on a
2-13     state-maintained public highway inside the territory of a
2-14     municipality,] or at a port-of-entry between Texas and the United
2-15     Mexican States if the vehicle or combination has:
2-16                 (1)  a single [an] axle weight [that carries a load]
2-17     heavier than 20,000 pounds[:]
2-18                       [(A)  16,000 pounds on high-pressure tires; or]
2-19                       [(B)  20,000 pounds on low-pressure tires,
2-20     including all enforcement tolerances];
2-21                 (2)  a tandem axle weight heavier than 34,000 pounds,
2-22     including all enforcement tolerances;
2-23                 (3)  an overall gross weight on a group of two or more
2-24     consecutive axles heavier than the weight computed using the
2-25     following formula and rounding the result to the nearest 500
2-26     pounds:
2-27           W = 500((LN/(N-1)) + 12N + 36)
 3-1           where:
 3-2           "W" is maximum overall gross weight on the group;
 3-3           "L" is distance in feet between the axles of the group that
 3-4     are the farthest apart; and
 3-5           "N" is number of axles in the group; or
 3-6                 (4)  tires that carry a weight greater than the weight
 3-7     specified and marked on the sidewall of the tire, unless the
 3-8     vehicle is being operated under the terms of a special permit [a
 3-9     weight heavier than:]
3-10                       [(A)  600 pounds for each inch of tire width
3-11     concentrated on the surface of the highway on a wheel using
3-12     high-pressure tires; or]
3-13                       [(B)  650 pounds for each inch of tire width
3-14     concentrated on the surface of the highway on a wheel using
3-15     low-pressure tires; or]
3-16                 [(5)  a wheel that carries a load heavier than:]
3-17                       [(A)  8,000 pounds on high-pressure tires; or]
3-18                       [(B)  10,000 pounds on low-pressure tires].
3-19           (b)  Notwithstanding Subsection (a)(3), two consecutive sets
3-20     of tandem axles may carry a gross load of not more than 34,000
3-21     pounds each if the overall distance between the first and last
3-22     axles of the consecutive sets is 36 feet or more.  The overall
3-23     gross weight on a vehicle [group of two or more consecutive axles]
3-24     may not be heavier than 80,000 pounds, regardless of tire ratings,
3-25     axle spacing (bridge), and number of axles [including all
3-26     enforcement tolerances].
3-27           (c)  This section does not:
 4-1                 (1)  authorize size or weight limits on the national
 4-2     system of interstate and defense highways in this state greater
 4-3     than those permitted under 23 U.S.C. Section 127; or
 4-4                 (2)  prohibit the operation of a vehicle or combination
 4-5     of vehicles that could be lawfully operated on a highway or road of
 4-6     this state on December 16, 1974.
 4-7           (d)  In [For the purposes of] this section:
 4-8                 (1)  "Single axle" means the weight of one axle with
 4-9     two or more tires.
4-10                 (2)  "Tandem axle" means the weight of two axles spaced
4-11     not more than eight feet apart with the axles mounted on a single
4-12     suspension system to provide equal distribution of loads between
4-13     the axles[, the load carried on an axle is the total load
4-14     transmitted to the road by all wheels the centers of which can be
4-15     included between two parallel transverse vertical planes 40 inches
4-16     apart, extending across the full width of the vehicle].
4-17           SECTION 4.  Subsection (a), Section 621.301, Transportation
4-18     Code, is amended to read as follows:
4-19           (a)  The commissioners court of a county may establish load
4-20     limits for any county road or bridge only with the concurrence of
4-21     the department.  A load limit shall be deemed concurred with by the
4-22     department 30 days after the county submits to the department the
4-23     load limit accompanied by supporting documentation and calculations
4-24     reviewed and sealed by an engineer licensed in this state, though
4-25     the department may review the load limit and withdraw concurrence
4-26     at any time after the 30-day period.
4-27           SECTION 5.  Subchapter F, Chapter 621, Transportation Code,
 5-1     is amended by adding Section 621.410 to read as follows:
 5-2           Sec. 621.410.  WEIGHT RECORD.  (a)  This section applies only
 5-3     to cargo transported by a commercial motor vehicle.
 5-4           (b)  A person who weighs cargo before or after unloading
 5-5     shall keep a written record, in the form prescribed by the
 5-6     department, containing the information required by Subsection (c).
 5-7           (c)  A record under this section must state:
 5-8                 (1)  the origin, weight, and composition of the cargo;
 5-9                 (2)  the date of loading or unloading, as applicable;
5-10                 (3)  the name and address of the shipper;
5-11                 (4)  the total number of axles on the vehicle or
5-12     combination of vehicles transporting the cargo;
5-13                 (5)  an identification number of the vehicle or other
5-14     identification of the vehicle required by department rules; and
5-15                 (6)  any other information required by the department.
5-16           (d)  A person required to keep a record under this section
5-17     shall keep the record for not less than 180 days after the date it
5-18     is created.  The person shall make the record available to
5-19     inspection and copying by a weight enforcement officer on demand.
5-20           SECTION 6.  Subchapter G, Chapter 621, Transportation Code,
5-21     is amended by adding Section 621.509 to read as follows:
5-22           Sec. 621.509.  FAILURE TO MAINTAIN WEIGHT RECORD.  (a)  A
5-23     person commits an offense if the person fails to keep a weight
5-24     record in violation of Section 621.410.
5-25           (b)  An offense under this section is a Class C misdemeanor.
5-26           SECTION 7.  Subsection (c), Section 623.011, Transportation
5-27     Code, is amended to read as follows:
 6-1           (c)  A permit issued under this section:
 6-2                 (1)  is valid for one year; and
 6-3                 (2)  must be carried in the vehicle for which it is
 6-4     issued[; and]
 6-5                 [(3)  does not authorize the operation on the national
 6-6     system of interstate and defense highways in this state of vehicles
 6-7     with a weight greater than authorized by federal law].
 6-8           SECTION 8.  Subchapter B, Chapter 623, Transportation Code,
 6-9     is amended by adding Section 623.0113 to read as follows:
6-10           Sec. 623.0113.  ROUTE RESTRICTIONS.  (a)  Except as provided
6-11     by Subsection (b), a permit issued under Section 623.011 does not
6-12     authorize the operation of a vehicle on:
6-13                 (1)  the national system of interstate and defense
6-14     highways in this state if the weight of the vehicle is greater than
6-15     authorized by federal law; or
6-16                 (2)  a bridge for which a maximum weight and load limit
6-17     has been established and posted by the Texas Transportation
6-18     Commission under Section 621.102 or the commissioners court of a
6-19     county under Section 621.301, if the gross weight of the vehicle
6-20     and load or the axles and wheel loads are greater than the limits
6-21     established and posted under those sections.
6-22           (b)  The restrictions under Subsection (a)(2) do not apply if
6-23     a bridge described by Subsection (a)(2) provides the only public
6-24     vehicular access from an origin or to a destination by a holder of
6-25     a permit issued under Section 623.011.
6-26           SECTION 9.  Subchapter A, Chapter 644, Transportation Code,
6-27     is amended by adding Section 644.005 to read as follows:
 7-1           Sec. 644.005.  DEPARTMENT DATABASE.  The department shall
 7-2     develop and maintain a database on roadside vehicle inspection
 7-3     reports for defects on any intermodal equipment.  The database
 7-4     shall include all citations involving intermodal equipment issued
 7-5     by officers certified under Section 644.101.  The database shall be
 7-6     used to identify violations discovered on intermodal equipment
 7-7     during a roadside inspection.
 7-8           SECTION 10.  Section 644.101, Transportation Code, is amended
 7-9     to read as follows:
7-10           Sec. 644.101.  CERTIFICATION OF CERTAIN PEACE [MUNICIPAL
7-11     POLICE] OFFICERS.  (a)  The department shall establish procedures,
7-12     including training, for the certification of municipal police
7-13     officers, sheriffs, and deputy sheriffs to enforce this chapter.
7-14           (b)  A police officer of any of the following municipalities
7-15     is eligible to apply for certification under this section:
7-16                 (1)  a municipality with a population of 100,000 or
7-17     more;
7-18                 (2)  a municipality with a population of 25,000 or more
7-19     any part of which is located in a county with a population of two
7-20     [2.4] million or more;
7-21                 (3)  a municipality with a population of less than
7-22     25,000:
7-23                       (A)  any part of which is located in a county
7-24     with a population of 2.4 million; and
7-25                       (B)  that contains or is adjacent to an
7-26     international port; or
7-27                 (4)  a municipality any part of which is located in a
 8-1     county bordering the United Mexican States.
 8-2           (c)  A sheriff or a deputy sheriff of a county bordering the
 8-3     United Mexican States or of a county with a population of 2.2
 8-4     million or more is eligible to apply for certification under this
 8-5     section.
 8-6           (d)  A sheriff, a deputy sheriff, or any peace officer that
 8-7     does not attend continuing education courses on the enforcement of
 8-8     traffic and highway laws and on the use of radar equipment as
 8-9     prescribed by Subchapter F, Chapter 1701, Occupations Code, shall
8-10     not enforce traffic and highway laws.
8-11           (e)  The department by rule shall establish reasonable fees
8-12     sufficient to recover from a municipality or a county the cost of
8-13     certifying its peace [police] officers under this section.
8-14           SECTION 11.  Section 644.102, Transportation Code, is amended
8-15     to read as follows:
8-16           Sec. 644.102.  MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
8-17     (a)  The department by rule shall establish uniform standards for
8-18     municipal or county enforcement of this chapter.
8-19           (b)  A municipality or county that engages in enforcement
8-20     under this chapter:
8-21                 (1)  shall pay all costs relating to the municipality's
8-22     or county's enforcement;
8-23                 (2)  may not be considered, in the context of a federal
8-24     grant related to this chapter:
8-25                       (A)  a party to a federal grant agreement; or
8-26                       (B)  a grantee under a federal grant to the
8-27     department; and
 9-1                 (3)  must comply with the standards established under
 9-2     Subsection (a).
 9-3           (c)  Municipal or county enforcement under Section 644.103(b)
 9-4     is not considered departmental enforcement for purposes of
 9-5     maintaining levels of effort required by a federal grant.
 9-6           (d)  In each fiscal year, a municipality may retain fines
 9-7     from the enforcement of this chapter in an amount not to exceed 110
 9-8     percent of the municipality's actual expenses for enforcement of
 9-9     this chapter in the preceding fiscal year, as determined by the
9-10     comptroller after reviewing the most recent municipal audit
9-11     conducted under Section 103.001, Local Government Code.  If there
9-12     are no actual expenses for enforcement of this chapter in the most
9-13     recent municipal audit, a municipality may retain fines in an
9-14     amount not to exceed 110 percent of the amount the comptroller
9-15     estimates would be the municipality's actual expenses for
9-16     enforcement of this chapter during the year.
9-17           (e)  In each fiscal year, a county may retain fines from the
9-18     enforcement of this chapter in an amount not to exceed 110 percent
9-19     of the county's actual expenses for enforcement of this chapter in
9-20     the preceding fiscal year, as determined by the comptroller after
9-21     reviewing the most recent county audit conducted under Chapter 115,
9-22     Local Government Code.  If there are no actual expenses for
9-23     enforcement of this chapter in the most recent county audit, a
9-24     county may retain fines in an amount not to exceed 110 percent of
9-25     the amount the comptroller estimates would be the county's actual
9-26     expenses for enforcement of this chapter during the year.
9-27           (f)  A municipality or county shall send to the comptroller
 10-1    the proceeds of all fines that exceed the limit imposed by
 10-2    Subsection (d) or (e).  The comptroller shall then deposit the
 10-3    remaining funds to the credit of the Texas Department of
 10-4    Transportation.
 10-5          (g) [(f)]  The department shall revoke or rescind the
 10-6    certification of any peace [municipal police] officer who fails to
 10-7    comply with any standard established under Subsection (a).
 10-8          SECTION 12.  Subsection (b), Section 644.103, Transportation
 10-9    Code, is amended to read as follows:
10-10          (b)  A municipal police officer who is certified under
10-11    Section 644.101 may detain on a highway or at a port of entry
10-12    within the territory of the municipality a motor vehicle that is
10-13    subject to this chapter.  A sheriff or deputy sheriff who is
10-14    certified under Section 644.101 may detain on a highway or at a
10-15    port of entry within the territory of the county a motor vehicle
10-16    that is subject to this chapter.
10-17          SECTION 13.  (a)  Except as provided by Subsection (c) of
10-18    this section, this Act takes effect September 1, 2001.
10-19          (b)  Section 621.101, Transportation Code, as amended by this
10-20    Act, applies only to a vehicle or combination of vehicles operated
10-21    on a public highway or at a port-of-entry on or after the effective
10-22    date of this Act.  A vehicle or combination of vehicles operated on
10-23    a public highway or at a port-of-entry before the effective date of
10-24    this Act is governed by the law in effect at the time the vehicle
10-25    or combination of vehicles was operated, and the former law is
10-26    continued in effect for that purpose.
10-27          (c)  Section 621.509, Transportation Code, as added by this
 11-1    Act, takes effect October 1, 2001.