1-1     By:  Shapiro                                           S.B. No. 220
 1-2           (In the Senate - Filed January 11, 2001; January 16, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 28, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     February 28, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 220                  By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation and enforcement of weight limitations
1-11     and safety standards for certain motor vehicles; providing
1-12     penalties.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter A, Chapter 621, Transportation Code,
1-15     is amended by adding Section 621.007 to read as follows:
1-16           Sec. 621.007.  EVIDENCE OF VIOLATION.  (a)  In a proceeding
1-17     in which a violation of a weight restriction under this subtitle
1-18     may be an issue, a document is admissible as relevant evidence of
1-19     the violation if:
1-20                 (1)  the document is:
1-21                       (A)  a record kept under Section 621.410; or
1-22                       (B)  a bill of lading, freight bill, weight
1-23     certification, or similar document that is issued by a person
1-24     consigning cargo for shipment or engaged in the business of
1-25     transporting or forwarding cargo; and
1-26                 (2)  the document states:
1-27                       (A)  a gross weight of the vehicle or combination
1-28     of vehicles and cargo that exceeds a weight restriction under this
1-29     subtitle; or
1-30                       (B)  a gross weight of the cargo that combined
1-31     with the empty weight of the vehicle or combination of vehicles
1-32     exceeds a weight restriction under this subtitle.
1-33           (b)  This section does not limit the admissibility of any
1-34     other evidence relating to the violation.
1-35           SECTION 2.  Section 621.101, Transportation Code, is amended
1-36     to read as follows:
1-37           Sec. 621.101.  MAXIMUM WEIGHT OF LOAD.  (a) A vehicle or
1-38     combination of vehicles may not be operated over or on a public
1-39     highway [outside the territory of a municipality, over or on a
1-40     state-maintained public highway inside the territory of a
1-41     municipality,] or at a port-of-entry between Texas and the United
1-42     Mexican States if the vehicle or combination has:
1-43                 (1)  a single [an] axle weight [that carries a load]
1-44     heavier than 20,000 pounds[:]
1-45                       [(A)  16,000 pounds on high-pressure tires; or]
1-46                       [(B)  20,000 pounds on low-pressure tires,
1-47     including all enforcement tolerances];
1-48                 (2)  a tandem axle weight heavier than 34,000 pounds,
1-49     including all enforcement tolerances;
1-50                 (3)  an overall gross weight on a group of two or more
1-51     consecutive axles heavier than the weight computed using the
1-52     following formula and rounding the result to the nearest 500
1-53     pounds:
1-54           W = 500((LN/(N-1)) + 12N + 36)
1-55           where:
1-56           "W" is maximum overall gross weight on the group;
1-57           "L" is distance in feet between the axles of the group that
1-58     are the farthest apart; and
1-59           "N" is number of axles in the group; or
1-60                 (4)  tires that carry a weight greater than the weight
1-61     specified and marked on the sidewall of the tire, unless the
1-62     vehicle is being operated under the terms of a special permit [a
1-63     weight heavier than:]
1-64                       [(A)  600 pounds for each inch of tire width
 2-1     concentrated on the surface of the highway on a wheel using
 2-2     high-pressure tires; or]
 2-3                       [(B)  650 pounds for each inch of tire width
 2-4     concentrated on the surface of the highway on a wheel using
 2-5     low-pressure tires; or]
 2-6                 [(5)  a wheel that carries a load heavier than:]
 2-7                       [(A)  8,000 pounds on high-pressure tires; or]
 2-8                       [(B)  10,000 pounds on low-pressure tires].
 2-9           (b)  Notwithstanding Subsection (a)(3), two consecutive sets
2-10     of tandem axles may carry a gross load of not more than 34,000
2-11     pounds each if the overall distance between the first and last
2-12     axles of the consecutive sets is 36 feet or more.  The overall
2-13     gross weight on a vehicle [group of two or more consecutive axles]
2-14     may not be heavier than 80,000 pounds, regardless of tire ratings,
2-15     axle spacing (bridge), and number of axles [including all
2-16     enforcement tolerances].
2-17           (c)  This section does not:
2-18                 (1)  authorize size or weight limits on the national
2-19     system of interstate and defense highways in this state greater
2-20     than those permitted under 23 U.S.C. Section 127; or
2-21                 (2)  prohibit the operation of a vehicle or combination
2-22     of vehicles that could be lawfully operated on a highway or road of
2-23     this state on December 16, 1974.
2-24           (d)  In [For the purposes of] this section:
2-25                 (1)  "Single axle" means the weight of one axle with
2-26     two or more tires.
2-27                 (2)  "Tandem axle" means the weight of two axles spaced
2-28     not more than eight feet apart with the axles mounted on a single
2-29     suspension system to provide equal distribution of loads between
2-30     the axles[, the load carried on an axle is the total load
2-31     transmitted to the road by all wheels the centers of which can be
2-32     included between two parallel transverse vertical planes 40 inches
2-33     apart, extending across the full width of the vehicle].
2-34           SECTION 3.  Subsection (a), Section 621.301, Transportation
2-35     Code, is amended to read as follows:
2-36           (a)  The commissioners court of a county may establish load
2-37     limits for any county road or bridge only with the concurrence of
2-38     the department.
2-39           SECTION 4.  Subchapter F, Chapter 621, Transportation Code,
2-40     is amended by adding Section 621.410 to read as follows:
2-41           Sec. 621.410.  WEIGHT RECORD.  (a)  This section applies only
2-42     to cargo transported by a commercial motor vehicle.
2-43           (b)  A person who weighs cargo before or after unloading
2-44     shall keep a written record, in the form prescribed by the
2-45     department, containing the information required by Subsection (c).
2-46           (c)  A record under this section must state:
2-47                 (1)  the origin, weight, and composition of the cargo;
2-48                 (2)  the date of loading or unloading, as applicable;
2-49                 (3)  the name and address of the shipper;
2-50                 (4)  the total number of axles on the vehicle or
2-51     combination of vehicles transporting the cargo;
2-52                 (5)  an identification number of the vehicle or other
2-53     identification of the vehicle required by department rules; and
2-54                 (6)  any other information required by the department.
2-55           (d)  A person required to keep a record under this section
2-56     shall keep the record for not less than 180 days after the date it
2-57     is created.  The person shall make the record available to
2-58     inspection and copying by a weight enforcement officer on demand.
2-59     A warrant is not required for this inspection and copying.
2-60           SECTION 5.  Subchapter G, Chapter 621, Transportation Code,
2-61     is amended by adding Section 621.509 to read as follows:
2-62           Sec. 621.509.  FAILURE TO MAINTAIN WEIGHT RECORD.  (a)  A
2-63     person commits an offense if the person fails to keep a weight
2-64     record in violation of Section 621.410.
2-65           (b)  An offense under this section is a Class C misdemeanor.
2-66           SECTION 6.  Subsection (c), Section 623.011, Transportation
2-67     Code, is amended to read as follows:
2-68           (c)  A permit issued under this section:
2-69                 (1)  is valid for one year; and
 3-1                 (2)  must be carried in the vehicle for which it is
 3-2     issued[; and]
 3-3                 [(3)  does not authorize the operation on the national
 3-4     system of interstate and defense highways in this state of vehicles
 3-5     with a weight greater than authorized by federal law].
 3-6           SECTION 7.  Subchapter B, Chapter 623, Transportation Code,
 3-7     is amended by adding Section 623.0113 to read as follows:
 3-8           Sec. 623.0113.  ROUTE RESTRICTIONS.  (a)  Except as provided
 3-9     by Subsection (b), a permit issued under Section 623.011 does not
3-10     authorize the operation of a vehicle on:
3-11                 (1)  the national system of interstate and defense
3-12     highways in this state if the weight of the vehicle is greater than
3-13     authorized by federal law; or
3-14                 (2)  a bridge for which a maximum weight and load limit
3-15     has been established and posted by the Texas Transportation
3-16     Commission under Section 621.102 or the commissioners court of a
3-17     county under Section 621.301, if the gross weight of the vehicle
3-18     and load or the axles and wheel loads are greater than the limits
3-19     established and posted under those sections.
3-20           (b)  The restrictions under Subsection (a)(2) do not apply if
3-21     a bridge described by Subsection (a)(2) provides the only public
3-22     vehicular access from an origin or to a destination by a holder of
3-23     a permit issued under Section 623.011.
3-24           SECTION 8.  Subchapter A, Chapter 644, Transportation Code,
3-25     is amended by adding Section 644.005 to read as follows:
3-26           Sec. 644.005.  DEPARTMENT DATABASE.  The department shall
3-27     develop and maintain a database on roadside vehicle inspection
3-28     reports for defects on any intermodal equipment.  The database
3-29     shall include all citations involving intermodal equipment issued
3-30     by officers certified under Section 644.101.  The database shall be
3-31     used to identify violations discovered on intermodal equipment
3-32     during a roadside inspection.
3-33           SECTION 9.  Section 644.101, Transportation Code, is amended
3-34     to read as follows:
3-35           Sec. 644.101.  CERTIFICATION OF CERTAIN PEACE [MUNICIPAL
3-36     POLICE] OFFICERS.  (a)  The department shall establish procedures,
3-37     including training, for the certification of municipal police
3-38     officers, sheriffs, and deputy sheriffs to enforce this chapter.
3-39           (b)  A police officer of any of the following municipalities
3-40     is eligible to apply for certification under this section:
3-41                 (1)  a municipality with a population of 100,000 or
3-42     more;
3-43                 (2)  a municipality with a population of 25,000 or more
3-44     any part of which is located in a county with a population of two
3-45     [2.4] million or more;
3-46                 (3)  a municipality with a population of less than
3-47     25,000:
3-48                       (A)  any part of which is located in a county
3-49     with a population of 2.4 million; and
3-50                       (B)  that contains or is adjacent to an
3-51     international port; or
3-52                 (4)  a municipality any part of which is located in a
3-53     county bordering the United Mexican States.
3-54           (c)  A sheriff or a deputy sheriff of a county bordering the
3-55     United Mexican States is eligible to apply for certification under
3-56     this section.
3-57           (d)  The department by rule shall establish reasonable fees
3-58     sufficient to recover from a municipality or a county the cost of
3-59     certifying its peace [police] officers under this section.
3-60           SECTION 10.  Section 644.102, Transportation Code, is amended
3-61     to read as follows:
3-62           Sec. 644.102.  MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
3-63     (a)  The department by rule shall establish uniform standards for
3-64     municipal or county enforcement of this chapter.
3-65           (b)  A municipality or county that engages in enforcement
3-66     under this chapter:
3-67                 (1)  shall pay all costs relating to the municipality's
3-68     or county's enforcement;
3-69                 (2)  may not be considered, in the context of a federal
 4-1     grant related to this chapter:
 4-2                       (A)  a party to a federal grant agreement; or
 4-3                       (B)  a grantee under a federal grant to the
 4-4     department; and
 4-5                 (3)  must comply with the standards established under
 4-6     Subsection (a).
 4-7           (c)  Municipal or county enforcement under Section 644.103(b)
 4-8     is not considered departmental enforcement for purposes of
 4-9     maintaining levels of effort required by a federal grant.
4-10           (d)  In each fiscal year, a municipality may retain fines
4-11     from the enforcement of this chapter in an amount not to exceed 110
4-12     percent of the municipality's actual expenses for enforcement of
4-13     this chapter in the preceding fiscal year, as determined by the
4-14     comptroller after reviewing the most recent municipal audit
4-15     conducted under Section 103.001, Local Government Code.  If there
4-16     are no actual expenses for enforcement of this chapter in the most
4-17     recent municipal audit, a municipality may retain fines in an
4-18     amount not to exceed 110 percent of the amount the comptroller
4-19     estimates would be the municipality's actual expenses for
4-20     enforcement of this chapter during the year.
4-21           (e)  In each fiscal year, a county may retain fines from the
4-22     enforcement of this chapter in an amount not to exceed 110 percent
4-23     of the county's actual expenses for enforcement of this chapter in
4-24     the preceding fiscal year, as determined by the comptroller after
4-25     reviewing the most recent county audit conducted under Chapter 115,
4-26     Local Government Code.  If there are no actual expenses for
4-27     enforcement of this chapter in the most recent county audit, a
4-28     county may retain fines in an amount not to exceed 110 percent of
4-29     the amount the comptroller estimates would be the county's actual
4-30     expenses for enforcement of this chapter during the year.
4-31           (f)  A municipality or county shall send to the comptroller
4-32     the proceeds of all fines that exceed the limit imposed by
4-33     Subsection (d) or (e).
4-34           (g) [(f)]  The department shall revoke or rescind the
4-35     certification of any peace [municipal police] officer who fails to
4-36     comply with any standard established under Subsection (a).
4-37           SECTION 11.  Subsection (b), Section 644.103, Transportation
4-38     Code, is amended to read as follows:
4-39           (b)  A municipal police officer who is certified under
4-40     Section 644.101 may detain on a highway or at a port of entry
4-41     within the territory of the municipality a motor vehicle that is
4-42     subject to this chapter.  A sheriff or deputy sheriff who is
4-43     certified under Section 644.101 may detain on a highway or at a
4-44     port of entry within the territory of the county a motor vehicle
4-45     that is subject to this chapter.
4-46           SECTION 12.  (a)  This Act takes effect September 1, 2001.
4-47           (b)  The change in law made by this Act applies only to an
4-48     offense committed on or after the effective date of this Act.  For
4-49     the purposes of this section, an offense is committed before the
4-50     effective date of this Act if any element of the offense occurs
4-51     before that date.
4-52                                  * * * * *