By Lindsay S.B. No. 781
77R667 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a county's authority to prohibit the travel of certain
1-3 commercial trucks during certain periods.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 240, Local Government Code,
1-6 is amended by adding Section 240.907 to read as follows:
1-7 Sec. 240.907. AUTHORITY TO PROHIBIT TRAVEL OF CERTAIN
1-8 COMMERCIAL TRUCKS. (a) This section applies only to a county that
1-9 is designated as a nonattainment area within the meaning of Section
1-10 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407) and in
1-11 which the operation of construction vehicles or equipment is
1-12 prohibited during certain hours.
1-13 (b) The commissioners court of a county may prohibit a
1-14 commercial vehicle or truck-tractor with a gross vehicle weight of
1-15 24,001 pounds or more from traveling through the county during
1-16 those hours in which the operation of construction vehicles or
1-17 equipment is prohibited.
1-18 (c) A commissioners court order adopted under Subsection
1-19 (b):
1-20 (1) must allow a vehicle described by Subsection (b)
1-21 to:
1-22 (A) enter the county to receive or leave cargo
1-23 in the county; and
1-24 (B) leave the county after receiving or leaving
2-1 cargo; and
2-2 (2) may allow a vehicle described by Subsection (b) to
2-3 enter or leave the county for any specified purpose, including
2-4 maintenance, repair, storage, or inspection.
2-5 SECTION 2. This Act takes effect immediately if it receives
2-6 a vote of two-thirds of all the members elected to each house, as
2-7 provided by Section 39, Article III, Texas Constitution. If this
2-8 Act does not receive the vote necessary for immediate effect, this
2-9 Act takes effect September 1, 2001.