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 * * * * *