By: Shapiro S.B. No. 220
2001S0110/1
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 criminal
1-4 and civil penalities.
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 the number of axles in the group;
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. Subchapter F, Chapter 621, Transportation Code,
4-14 is amended by adding Section 621.410 to read as follows:
4-15 Sec. 621.410. WEIGHT RECORD. (a) This section applies only
4-16 to cargo transported by a commercial motor vehicle.
4-17 (b) A person who weighs cargo before or after unloading or
4-18 who loads or unloads cargo on the basis of liquid volume measure
4-19 shall keep a written record, in the form prescribed by the
4-20 department, containing the information required by Subsection (c).
4-21 (c) A record under this section must state:
4-22 (1) the origin, weight, and composition of the cargo;
4-23 (2) the date of loading or unloading, as applicable;
4-24 (3) the name and address of the shipper;
4-25 (4) the total number of axles on the vehicle or
4-26 combination of vehicles transporting the cargo;
5-1 (5) an identification number of the vehicle or other
5-2 identification of the vehicle required by department rules; and
5-3 (6) any other information required by the department.
5-4 (d) A person required to keep a record under this section
5-5 shall keep the record for not less than 30 days after the date it
5-6 is created. The person shall make the record available to
5-7 inspection and copying by a weight enforcement officer on demand.
5-8 A warrant is not required for this inspection and copying.
5-9 SECTION 4. Subchapter G, Chapter 621, Transportation Code,
5-10 is amended by adding Section 621.509 to read as follows:
5-11 Sec. 621.509. FAILURE TO MAINTAIN WEIGHT RECORD. (a) A
5-12 person commits an offense if the person fails to keep a weight
5-13 record in violation of Section 621.410.
5-14 (b) An offense under this section is a Class C misdemeanor.
5-15 SECTION 5. Subsection (c), Section 623.011, Transportation
5-16 Code, is amended to read as follows:
5-17 (c) A permit issued under this section:
5-18 (1) is valid for one year; and
5-19 (2) must be carried in the vehicle for which it is
5-20 issued[; and]
5-21 [(3) does not authorize the operation on the national
5-22 system of interstate and defense highways in this state of vehicles
5-23 with a weight greater than authorized by federal law].
5-24 SECTION 6. Subchapter B, Chapter 623, Transportation Code,
5-25 is amended by adding Section 623.0113 to read as follows:
5-26 Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
6-1 by Subsection (b), a permit issued under Section 623.011 does not
6-2 authorize the operation of a vehicle on:
6-3 (1) the national system of interstate and defense
6-4 highways in this state if the weight of the vehicle is greater than
6-5 authorized by federal law; or
6-6 (2) a bridge or culvert for which a maximum weight and
6-7 load limit have been established and posted by the Texas
6-8 Transportation Commission under Section 621.102 or the
6-9 commissioners court of a county under Section 621.301, if the gross
6-10 weight of the vehicle and load or the axles and wheel loads are
6-11 greater than the limits established and posted under those
6-12 sections.
6-13 (b) The restrictions under Subsection (a)(2) do not apply if
6-14 a bridge or culvert described by Subsection (a)(2) provides the
6-15 only public vehicular access from an origin or to a destination by
6-16 a holder of a permit issued under Section 623.011.
6-17 SECTION 7. Subsection (b), Section 644.101, Transportation
6-18 Code, is amended to read as follows:
6-19 (b) A police officer of any of the following municipalities
6-20 is eligible to apply for certification under this section:
6-21 (1) a municipality with a population of 100,000 or
6-22 more;
6-23 (2) a municipality with a population of 25,000 or more
6-24 any part of which is located in a county with a population of 2
6-25 [2.4] million or more;
6-26 (3) a municipality with a population of less than
7-1 25,000:
7-2 (A) any part of which is located in a county
7-3 with a population of 2.4 million; and
7-4 (B) that contains or is adjacent to an
7-5 international port; or
7-6 (4) a municipality any part of which is located in a
7-7 county bordering the United Mexican States.
7-8 SECTION 8. Chapter 644, Transportation Code, is amended by
7-9 adding Subchapter F to read as follows:
7-10 SUBCHAPTER F. INTERMODAL VEHICLE SAFETY STANDARDS
7-11 Sec. 644.251. DEFINITIONS. In this subchapter:
7-12 (1) "Intermodal vehicle" means an intermodal trailer,
7-13 chassis, or container that is designed for the successive
7-14 transportation of property by more than one mode of transportation.
7-15 (2) "Motor carrier" means a motor carrier as defined
7-16 by Section 643.001(6).
7-17 Sec. 644.252. TENDER OR INTERCHANGE PROHIBITED. The owner
7-18 of an intermodal vehicle shall not permit the tender or interchange
7-19 of the intermodal vehicle for use by a motor carrier on any highway
7-20 in violation of the requirements contained in the federal motor
7-21 carrier safety regulations.
7-22 Sec. 644.253. MOTOR CARRIER INSPECTION. (a) Before the
7-23 tender or interchange of an intermodal vehicle for the purposes of
7-24 transportation of the intermodal vehicle by a motor carrier, the
7-25 tenderer shall allow the motor carrier adequate equipment, time,
7-26 and facilities to perform the inspection required by the United
8-1 States Department of Transportation under federal motor carrier
8-2 safety regulations.
8-3 (b) A motor carrier may accept an intermodal vehicle only if
8-4 the motor carrier performs the inspection described by Subsection
8-5 (a) and determines that the intermodal vehicle passes that
8-6 inspection.
8-7 (c) If an intermodal vehicle fails to meet the federal motor
8-8 carrier safety regulations as determined by an inspection under
8-9 this section, the owner or tenderer of the intermodal vehicle shall
8-10 make necessary repairs or make available a replacement intermodal
8-11 vehicle which passes such an inspection.
8-12 (d) If a tenderer has knowledge that an intermodal vehicle
8-13 does not meet the federal motor carrier safety regulations, the
8-14 tenderer may not put the intermodal vehicle into use on any highway
8-15 until all necessary repairs have been completed.
8-16 Sec. 644.254. CERTIFICATION PROHIBITED. A motor carrier may
8-17 not certify or guarantee that an intermodal vehicle complies with
8-18 federal motor carrier safety regulations to a person tendering or
8-19 interchanging the intermodal vehicle for the purposes of
8-20 transportation by another motor carrier.
8-21 Sec. 644.255. DEPARTMENT INSPECTION. An officer or employee
8-22 of the department who has been certified by the director for the
8-23 purpose by the director may, if requested, enter intermodal vehicle
8-24 tender facilities and perform a courtesy inspection of an
8-25 intermodal vehicle for the purpose of identifying and tagging
8-26 intermodal vehicles that may require mechanical work before being
9-1 tendered for use on public highways.
9-2 Sec. 644.256. DEPARTMENT DATABASE. The department shall
9-3 develop and maintain a database of roadside intermodal vehicle
9-4 reports for defects on any intermodal vehicle tendered to a motor
9-5 carrier. The database shall be used to identify violations
9-6 discovered on intermodal vehicles during a roadside inspection.
9-7 Sec. 644.257. AGREEMENTS VOID. A provision contained in an
9-8 intermodal interchange contract providing for a hold harmless or
9-9 indemnity agreement, or both, between the motor carrier and the
9-10 tenderer or owner of the intermodal vehicle contrary to the
9-11 provisions of this subchapter is contrary to public policy and is
9-12 unenforceable and void.
9-13 Sec. 644.258. REIMBURSEMENT FOR FINES, PENALTIES, EXPENSES,
9-14 AND FEES. (a) If an intermodal vehicle from a tenderer is placed
9-15 in initial service in this state by a motor carrier and the
9-16 intermodal vehicle is removed from service as a result of a
9-17 roadside inspection conducted before the end of the fifth day after
9-18 the date of that placement and before the next interchange, the
9-19 owner of the intermodal vehicle shall reimburse the motor carrier
9-20 for all fines, penalties, expenses, and reasonable attorney fees
9-21 incurred pursuant to the out-of-service order, including all
9-22 equipment repair expenses necessary to bring the intermodal vehicle
9-23 into compliance with federal motor carrier safety regulations,
9-24 unless the fines, penalties, or repair expenses are due to the
9-25 actions or omissions of the motor carrier after the intermodal
9-26 vehicle was tendered.
10-1 (b) An intermodal vehicle owner shall reimburse a motor
10-2 carrier for all fines, penalties, expenses, and reasonable attorney
10-3 fees not later than 60 days after the date of receipt of the notice
10-4 from the motor carrier.
10-5 Sec. 644.259. RESPONSIBILITY OF MOTOR CARRIER NOT AFFECTED.
10-6 Nothing in this subchapter is intended to eliminate the
10-7 responsibility and obligation of a motor carrier to maintain and
10-8 operate vehicles in accordance with federal motor carrier safety
10-9 regulations and applicable state and local laws and regulations.
10-10 SECTION 9. (a) This Act takes effect September 1, 2001.
10-11 (b) The change in law made by this Act applies only to an
10-12 offense committed on or after the effective date of this Act. For
10-13 the purposes of this section, an offense is committed before the
10-14 effective date of this Act if any element of the offense occurs
10-15 before that date.