1-1 AN ACT
1-2 relating to motor vehicle size and weight limitations and to the
1-3 operation of commercial motor vehicles; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.242, Transportation Code, is amended
1-6 by amending Subsection (b) and adding Subsection (f) to read as
1-7 follows:
1-8 (b) A person may apply for an occupational license by filing
1-9 a verified petition only with the clerk of the county court or
1-10 district court in which the person was convicted if:
1-11 (1) the person's license has been automatically
1-12 suspended or canceled under this chapter [or Chapter 522] for a
1-13 conviction of an offense under the laws of this state; and
1-14 (2) the person has not been issued, in the 10 years
1-15 preceding the date of the filing of the petition, more than one
1-16 occupational license after a conviction under the laws of this
1-17 state.
1-18 (f) A court may not grant an occupational license for the
1-19 operation of a commercial motor vehicle to which Chapter 522
1-20 applies.
1-21 SECTION 2. Subdivisions (12), (23), and (25), Section
1-22 522.003, Transportation Code, are amended to read as follows:
1-23 (12) "Driver's license" has the meaning assigned by
1-24 Section 521.001 [means a license issued by a state to an individual
1-25 that authorizes the individual to drive a motor vehicle].
2-1 (23) "Out-of-service order" means:
2-2 (A) a temporary prohibition against driving a
2-3 commercial motor vehicle issued under Section 522.101, the law of
2-4 another state, or 49 C.F.R. Section 383.5; or
2-5 (B) a declaration by the Federal Motor Carrier
2-6 Safety Administration [highway administration] or an authorized
2-7 enforcement officer of a state or local jurisdiction that a driver,
2-8 commercial motor vehicle, or motor carrier operation is out of
2-9 service under 49 C.F.R. Section 383.5.
2-10 (25) "Serious traffic violation" means a conviction
2-11 arising from the driving of a commercial motor vehicle, other than
2-12 a parking, vehicle weight, or vehicle defect violation, for:
2-13 (A) excessive speeding, involving a single
2-14 charge of driving 15 miles per hour or more above the posted speed
2-15 limit;
2-16 (B) reckless driving, as defined by state or
2-17 local law;
2-18 (C) a violation of a state or local law related
2-19 to motor vehicle traffic control, including a law regulating the
2-20 operation of vehicles on highways, arising in connection with a
2-21 fatal accident;
2-22 (D) improper or erratic traffic lane change;
2-23 [or]
2-24 (E) following the vehicle ahead too closely; or
2-25 (F) operating a commercial motor vehicle in
2-26 violation of Section 522.011 or 522.015.
3-1 SECTION 3. Section 522.011, Transportation Code, is amended
3-2 by adding Subsection (d) to read as follows:
3-3 (d) It is a defense to prosecution under Subsection
3-4 (a)(1)(A) if the person charged produces in court a commercial
3-5 driver's license that:
3-6 (1) was issued to the person;
3-7 (2) is appropriate for the class of vehicle being
3-8 driven; and
3-9 (3) was valid when the offense was committed.
3-10 SECTION 4. Subsections (b), (c), and (d), Section 522.012,
3-11 Transportation Code, are amended to read as follows:
3-12 (b) In granting a waiver under this section, the department
3-13 is subject to any condition or requirement established for the
3-14 waiver by the secretary or the Federal Motor Carrier Safety
3-15 Administration [highway administration].
3-16 (c) In addition to any restriction or limitation imposed by
3-17 this chapter or the department, a restricted commercial driver's
3-18 license issued under this section is subject to any restriction or
3-19 limitation imposed by the secretary or the Federal Motor Carrier
3-20 Safety Administration [highway administration].
3-21 (d) In this section, "farm-related service industry" has the
3-22 meaning assigned by the secretary or the Federal Motor Carrier
3-23 Safety Administration [highway administration] under the federal
3-24 act.
3-25 SECTION 5. Subsection (a), Section 522.021, Transportation
3-26 Code, is amended to read as follows:
4-1 (a) An application for a commercial driver's license or
4-2 commercial driver learner's permit must include:
4-3 (1) the full name and current residence and mailing
4-4 address of the applicant;
4-5 (2) a physical description of the applicant, including
4-6 sex, height, and eye color;
4-7 (3) the applicant's date of birth;
4-8 (4) the applicant's social security number, unless the
4-9 application is for a nonresident commercial driver's license and
4-10 the applicant is a resident of a foreign jurisdiction;
4-11 (5) certifications, including those required by 49
4-12 C.F.R. Section 383.71(a); and
4-13 (6) any other information required by the department.
4-14 SECTION 6. Subsection (a), Section 522.042, Transportation
4-15 Code, is amended to read as follows:
4-16 (a) The department may issue a commercial driver's license
4-17 with endorsements:
4-18 (1) authorizing the driving of a vehicle transporting
4-19 hazardous materials;
4-20 (2) authorizing the towing of a double or triple
4-21 trailer or a trailer over a specified weight;
4-22 (3) authorizing the driving of a vehicle carrying
4-23 passengers;
4-24 (4) authorizing the driving of a tank vehicle; [or]
4-25 (5) representing a combination of hazardous materials
4-26 and tank vehicle endorsements; or
5-1 (6) authorizing the driving of a school bus, as
5-2 defined by Section 541.201.
5-3 SECTION 7. Subsection (a), Section 522.062, Transportation
5-4 Code, is amended to read as follows:
5-5 (a) If [Not later than the 10th day after the date the
5-6 department receives a report of a conviction of] a person holds a
5-7 commercial driver's license issued by [who has a domicile in]
5-8 another state and is finally convicted of [or in a foreign
5-9 jurisdiction for] a violation of a state traffic law or local
5-10 traffic ordinance [relating to motor vehicle traffic control,
5-11 including a law regulating the operation of vehicles on highways,]
5-12 that was committed in a commercial motor vehicle, the department
5-13 shall notify the driver's licensing authority in the issuing
5-14 [licensing] state of that [the] conviction, in the time and manner
5-15 required by 49 U.S.C. Section 31311.
5-16 SECTION 8. The heading to Section 522.072, Transportation
5-17 Code, is amended to read as follows:
5-18 Sec. 522.072. EMPLOYER RESPONSIBILITIES [PERMITTING
5-19 UNAUTHORIZED DRIVING PROHIBITED].
5-20 SECTION 9. Subsection (b), Section 522.072, Transportation
5-21 Code, is amended to read as follows:
5-22 (b) An employer may not knowingly require a driver to
5-23 operate a commercial motor vehicle in violation of a federal,
5-24 state, or local law that regulates the operation of a motor vehicle
5-25 at a railroad grade crossing.
5-26 (c) In addition to any penalty imposed under this chapter,
6-1 an employer who violates this section [Subsection (a) or an
6-2 out-of-service order] may be penalized or disqualified under 49
6-3 C.F.R. Part 383.
6-4 SECTION 10. Subsections (a) and (b), Section 522.081,
6-5 Transportation Code, are amended to read as follows:
6-6 (a) This subsection applies only to a violation committed
6-7 while operating a commercial motor vehicle. A person is
6-8 disqualified from driving a commercial motor vehicle for:
6-9 (1) 60 days if convicted of:
6-10 (A) two serious traffic violations that occur
6-11 within a three-year period; or
6-12 (B) one violation of a law that regulates the
6-13 operation of a motor vehicle at a railroad grade crossing;
6-14 (2) [, or] 120 days if convicted of:
6-15 (A) three serious traffic violations[, committed
6-16 in a commercial motor vehicle] arising from separate incidents
6-17 occurring within a three-year period; or
6-18 (B) two violations of a law that regulates the
6-19 operation of a motor vehicle at a railroad grade crossing that
6-20 occur within a three-year period; or
6-21 (3) one year if convicted of three violations of a law
6-22 that regulates the operation of a motor vehicle at a railroad grade
6-23 crossing that occur within a three-year period.
6-24 (b) A person is disqualified from driving a commercial motor
6-25 vehicle for one year on first conviction of:
6-26 (1) driving a commercial motor vehicle under the
7-1 influence of alcohol or a controlled substance, including a
7-2 violation of Section 49.04 or 49.07, Penal Code;
7-3 (2) driving a commercial motor vehicle while the
7-4 person's alcohol concentration was 0.04 or more;
7-5 (3) intentionally leaving the scene of an accident
7-6 involving a commercial motor vehicle driven by the person;
7-7 (4) using a commercial motor vehicle in the commission
7-8 of a felony, other than a felony described by Subsection (d)(2);
7-9 [or]
7-10 (5) refusing to submit to a test to determine the
7-11 person's alcohol concentration or the presence in the person's body
7-12 of a controlled substance or drug while driving a commercial motor
7-13 vehicle;
7-14 (6) causing the death of another person through the
7-15 negligent or criminal operation of a commercial motor vehicle; or
7-16 (7) driving a commercial motor vehicle while the
7-17 person's commercial driver's license is revoked, suspended, or
7-18 canceled, or while the person is disqualified from driving a
7-19 commercial motor vehicle, for an action or conduct that occurred
7-20 while operating a commercial motor vehicle.
7-21 SECTION 11. Section 522.087, Transportation Code, is
7-22 amended to read as follows:
7-23 Sec. 522.087. PROCEDURES APPLICABLE TO DISQUALIFICATION.
7-24 (a) A person is automatically disqualified under Section
7-25 522.081(a)(1)(B), Section 522.081(b)(1), (3), [or] (4), (6), or
7-26 (7), or Section 522.081(d)(2). An appeal may not be taken from the
8-1 disqualification.
8-2 (b) Disqualifying a person under Section 522.081(a), other
8-3 than under Subdivision (1)(B) of that subsection, or Section
8-4 522.081(d)(1) is subject to the notice and hearing procedures of
8-5 Sections 521.295-521.303. An appeal of the disqualification is
8-6 subject to Section 521.308.
8-7 SECTION 12. Section 522.102, Transportation Code, is amended
8-8 by adding Subsection (c) to read as follows:
8-9 (c) This section and Section 522.103 apply only to a person
8-10 who is stopped or detained while driving a commercial motor
8-11 vehicle.
8-12 SECTION 13. Section 522.103, Transportation Code, is amended
8-13 to read as follows:
8-14 Sec. 522.103. WARNING BY PEACE OFFICER. (a) A peace
8-15 officer requesting a person to submit a specimen under Section
8-16 522.102 shall warn the person that a refusal to submit a specimen
8-17 will result in the person's being immediately placed out of service
8-18 for 24 hours and being disqualified from driving a commercial motor
8-19 vehicle for at least one year under Section 522.081.
8-20 (b) A peace officer requesting a person to submit a specimen
8-21 under Section 522.102 is not required to comply with Section
8-22 724.015.
8-23 SECTION 14. Section 621.001, Transportation Code, is amended
8-24 by adding Subdivisions (10) and (11) to read as follows:
8-25 (10) "Single axle weight" means the total weight
8-26 transmitted to the road by all wheels whose centers may be included
9-1 between two parallel transverse vertical planes 40 inches apart,
9-2 extending across the full width of the vehicle.
9-3 (11) "Tandem axle weight" means the total weight
9-4 transmitted to the road by two or more consecutive axles whose
9-5 centers may be included between parallel transverse vertical planes
9-6 spaced more than 40 inches and not more than 96 inches apart,
9-7 extending across the full width of the vehicle.
9-8 SECTION 15. Section 621.101, Transportation Code, is amended
9-9 to read as follows:
9-10 Sec. 621.101. MAXIMUM WEIGHT OF VEHICLE OR COMBINATION
9-11 [LOAD]. (a) A vehicle or combination of vehicles may not be
9-12 operated over or on a public highway [outside the territory of a
9-13 municipality, over or on a state-maintained public highway inside
9-14 the territory of a municipality,] or at a port-of-entry between
9-15 Texas and the United Mexican States if the vehicle or combination
9-16 has:
9-17 (1) a single [an] axle weight [that carries a load]
9-18 heavier than 20,000 pounds[:]
9-19 [(A) 16,000 pounds on high-pressure tires; or]
9-20 [(B) 20,000 pounds on low-pressure tires],
9-21 including all enforcement tolerances;
9-22 (2) a tandem axle weight heavier than 34,000 pounds,
9-23 including all enforcement tolerances;
9-24 (3) an overall gross weight on a group of two or more
9-25 consecutive axles heavier than the weight computed using the
9-26 following formula and rounding the result to the nearest 500
10-1 pounds:
10-2 W = 500((LN/(N - 1)) + 12N + 36)
10-3 where:
10-4 "W" is maximum overall gross weight on the group;
10-5 "L" is distance in feet between the axles of the group that
10-6 are the farthest apart; and
10-7 "N" is number of axles in the group; or
10-8 (4) tires that carry a weight heavier than the weight
10-9 specified and marked on the sidewall of the tire, unless the
10-10 vehicle is being operated under the terms of a special permit[:]
10-11 [(A) 600 pounds for each inch of tire width
10-12 concentrated on the surface of the highway on a wheel using
10-13 high-pressure tires; or]
10-14 [(B) 650 pounds for each inch of tire width
10-15 concentrated on the surface of the highway on a wheel using
10-16 low-pressure tires; or]
10-17 [(5) a wheel that carries a load heavier than:]
10-18 [(A) 8,000 pounds on high-pressure tires; or]
10-19 [(B) 10,000 pounds on low-pressure tires].
10-20 (b) Notwithstanding Subsection (a)(3), two consecutive sets
10-21 of tandem axles may carry a gross weight [load] of not more than
10-22 34,000 pounds each if the overall distance between the first and
10-23 last axles of the consecutive sets is 36 feet or more. The overall
10-24 gross weight on a group of two or more consecutive axles may not be
10-25 heavier than 80,000 pounds, including all enforcement tolerances,
10-26 regardless of tire ratings, axle spacing (bridge), and number of
11-1 axles.
11-2 (c) This section does not:
11-3 (1) authorize size or weight limits on the national
11-4 system of interstate and defense highways in this state greater
11-5 than those permitted under 23 U.S.C. Section 127, as amended; or
11-6 (2) prohibit the operation of a vehicle or combination
11-7 of vehicles that could be lawfully operated on a highway or road of
11-8 this state on December 16, 1974.
11-9 [(d) For the purposes of this section, the load carried on
11-10 an axle is the total load transmitted to the road by all wheels the
11-11 centers of which can be included between two parallel transverse
11-12 vertical planes 40 inches apart, extending across the full width of
11-13 the vehicle.]
11-14 SECTION 16. Subsections (a) and (e), Section 621.102,
11-15 Transportation Code, are amended to read as follows:
11-16 (a) The commission may set the maximum single axle weight,
11-17 tandem axle weight, or gross weight of a vehicle [and its load], or
11-18 maximum single axle weight, tandem axle weight, or gross weight of
11-19 a combination of vehicles and loads, [maximum axle load, or maximum
11-20 wheel load] that may be moved over a state highway or a farm or
11-21 ranch road if the commission finds that heavier maximum weight
11-22 would rapidly deteriorate or destroy the road or a bridge or
11-23 culvert along the road. A maximum weight [or load] set under this
11-24 subsection may not exceed the maximum set by statute for that
11-25 weight [or load].
11-26 (e) A vehicle operating under a permit issued under Section
12-1 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
12-2 623.212 may operate under the conditions authorized by the permit
12-3 over a road for which the commission has set a maximum weight under
12-4 this section. [This section does not affect a law that authorizes
12-5 or provides for a special permit for a weight heavier than the
12-6 maximum weight provided by law.]
12-7 SECTION 17. Subsections (a) and (b), Section 621.204,
12-8 Transportation Code, are amended to read as follows:
12-9 (a) A semitrailer that is operated in a truck-tractor and
12-10 semitrailer combination may not be longer than 59 feet, excluding
12-11 the length of the towing device.
12-12 (b) A semitrailer or trailer that is operated in a
12-13 truck-tractor, semitrailer, and trailer combination may not be
12-14 longer than 28 1/2 feet, excluding the length of the towing device.
12-15 SECTION 18. Section 621.206, Transportation Code, is amended
12-16 to read as follows:
12-17 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD. (a) A
12-18 vehicle or combination of vehicles may not carry a load that
12-19 extends more than three feet beyond its front or, except as
12-20 permitted by other law, more than four feet beyond its rear.
12-21 (b) [(c)] Subsection (a) does not apply to vehicles
12-22 collecting garbage, rubbish, refuse, or recyclable materials which
12-23 are equipped with front-end loading attachments and containers
12-24 provided that the vehicle is actively engaged in the collection of
12-25 garbage, rubbish, refuse, or recyclable materials.
12-26 SECTION 19. Subsection (e), Section 621.301, Transportation
13-1 Code, is amended to read as follows:
13-2 (e) A vehicle operating under a permit issued under Section
13-3 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
13-4 623.212 may operate under the conditions authorized by the permit
13-5 over a road for which the commissioners court has set a maximum
13-6 weight under this section. [This section does not affect a law that
13-7 authorizes or provides for special permits for a weight heavier
13-8 than the maximum weight provided by law.]
13-9 SECTION 20. Section 621.402, Transportation Code, is amended
13-10 by amending Subsection (a) and adding Subsection (c) to read as
13-11 follows:
13-12 (a) A weight enforcement officer who has reason to believe
13-13 that the single axle weight, tandem axle weight, or gross weight
13-14 [or axle load] of a loaded motor vehicle is unlawful may:
13-15 (1) weigh the vehicle using portable or stationary
13-16 scales furnished or approved by the Department of Public Safety; or
13-17 (2) require the vehicle to be weighed by a public
13-18 weigher.
13-19 (c) Prior to assessment of a penalty for weight which
13-20 exceeds the maximum allowable axle weights, the owner or operator
13-21 is authorized to shift the load to reduce or eliminate such excess
13-22 axle weight penalties as long as no part of the shipment is
13-23 removed.
13-24 SECTION 21. Section 621.404, Transportation Code, is amended
13-25 to read as follows:
13-26 Sec. 621.404. UNLOADING VEHICLE IF AXLE WEIGHT [LOAD]
14-1 EXCEEDED. (a) If the axle weight [load] of a motor vehicle
14-2 weighed under Section 621.402 is heavier than the maximum axle
14-3 weight [load] authorized by law for the vehicle plus a tolerance
14-4 allowance equal to five percent of that maximum weight [load], the
14-5 weight enforcement officer shall require the operator or owner of
14-6 the vehicle to rearrange the vehicle's cargo, if possible, to bring
14-7 the vehicle's axles within the maximum axle weight [load] allowed
14-8 by law for that vehicle. If the requirement cannot be satisfied by
14-9 rearrangement of cargo, a part of the vehicle's load shall be
14-10 unloaded to decrease the axle weight [load] to a weight that is not
14-11 heavier than the maximum axle weight [load] allowed by law for the
14-12 vehicle plus the applicable tolerance allowance.
14-13 (b) The vehicle may not be operated further over the public
14-14 highways or roads of the state until the axle weight [load] of the
14-15 vehicle has been reduced as required by Subsection (a).
14-16 SECTION 22. Subsection (b), Section 621.405, Transportation
14-17 Code, is amended to read as follows:
14-18 (b) The operator of a motor vehicle may proceed to the
14-19 vehicle's destination without unloading the vehicle as required by
14-20 Section 621.403 or 621.404 if[:]
14-21 [(1)] the vehicle is loaded with livestock[; and]
14-22 [(2) the vehicle's destination is in this state].
14-23 SECTION 23. Subsection (a), Section 621.409, Transportation
14-24 Code, is amended to read as follows:
14-25 (a) A port-of-entry supervisor, an inspector employed by the
14-26 Alcoholic Beverage Commission, or a weight enforcement officer who
15-1 has reason to believe that the axle or gross weight [or axle load]
15-2 of a loaded motor vehicle is unlawful may weigh the vehicle using
15-3 portable or stationary scales furnished or approved by the
15-4 Department of Public Safety.
15-5 SECTION 24. Subsection (a), Section 621.502, Transportation
15-6 Code, is amended to read as follows:
15-7 (a) A person may not operate or move a vehicle on a highway
15-8 if:
15-9 (1) the vehicle's size is larger than the applicable
15-10 maximum size authorized for that vehicle by this subtitle;
15-11 (2) the vehicle's single axle weight, tandem axle
15-12 weight, or gross weight[, axle load, or wheel load] is greater than
15-13 the applicable weight [or load] authorized for that vehicle by this
15-14 subtitle; or
15-15 (3) the vehicle is not constructed or equipped as
15-16 required by this subtitle [chapter].
15-17 SECTION 25. Subsection (b), Section 621.503, Transportation
15-18 Code, is amended to read as follows:
15-19 (b) Intent to violate a limitation is presumed if the weight
15-20 of the loaded vehicle is heavier than the applicable axle or gross
15-21 [vehicular] weight limit [or axle load limit] by 15 percent or
15-22 more.
15-23 SECTION 26. Subsections (a), (b), (c), and (g), Section
15-24 621.506, Transportation Code, are amended to read as follows:
15-25 (a) A person commits an offense if the person:
15-26 (1) operates a vehicle or combination of vehicles in
16-1 violation of Section 621.101, 622.012, 622.031, 622.133, 622.953,
16-2 or 623.162; or
16-3 (2) loads a vehicle or causes a vehicle to be loaded
16-4 in violation of Section 621.503.
16-5 (b) An offense under this section is a misdemeanor
16-6 punishable:
16-7 (1) by a fine of not less than $100 and not more than
16-8 $150;
16-9 (2) on conviction of an offense involving a vehicle
16-10 having a single axle weight, tandem axle weight, or gross weight
16-11 that is more than 5,000 but not more than 10,000 pounds heavier
16-12 than the vehicle's allowable [gross] weight, by a fine of not less
16-13 than $300 or more than $500;
16-14 (3) on conviction of an offense involving a vehicle
16-15 having a single axle weight, tandem axle weight, or gross weight
16-16 that is more than 10,000 pounds heavier than the vehicle's
16-17 allowable [gross] weight, by a fine of not less than $500 or more
16-18 than $1,000; or
16-19 (4) on conviction before the first anniversary of the
16-20 date of a previous conviction under this section, by a fine in an
16-21 amount that is twice the amount specified by Subdivision (1), (2),
16-22 or (3).
16-23 (c) On conviction of a violation of an axle weight [load]
16-24 limitation, the court may assess a fine less than the applicable
16-25 minimum amount prescribed by Subsection (b) if the court finds that
16-26 when the violation occurred:
17-1 (1) the vehicle was registered to carry the maximum
17-2 gross weight authorized for that vehicle under Section 621.101; and
17-3 (2) the gross weight of the vehicle did not exceed
17-4 that maximum gross weight.
17-5 (g) A governmental entity that collects a fine under this
17-6 section for an offense involving a vehicle having a single axle
17-7 weight, tandem axle weight, or gross weight that is more than 5,000
17-8 pounds heavier than the vehicle's allowable [gross] weight shall
17-9 send an amount equal to 50 percent of the fine to the comptroller
17-10 unless the offense occurred within 20 miles of an international
17-11 border in which event the entire amount of the fine shall be
17-12 deposited for the purposes of road maintenance in:
17-13 (1) the municipal treasury, if the fine was imposed by
17-14 a municipal court; or
17-15 (2) the county treasury, if the fine was imposed by a
17-16 justice court.
17-17 SECTION 27. Subsection (a), Section 621.507, Transportation
17-18 Code, is amended to read as follows:
17-19 (a) A person commits an offense if the person violates a
17-20 provision of this subtitle [subchapter] for which an offense is not
17-21 specified by another section of this subtitle [subchapter].
17-22 SECTION 28. Section 621.508, Transportation Code, is amended
17-23 to read as follows:
17-24 Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER
17-25 MAXIMUM ALLOWABLE AXLE WEIGHT [WITH HEAVY AXLE LOAD]. It is an
17-26 affirmative defense to prosecution of, or an action under
18-1 Subchapter F for, the offense of operating a vehicle with a single
18-2 axle weight or tandem [an] axle weight [load] heavier than the axle
18-3 weight [load] authorized by law that at the time of the offense the
18-4 vehicle:
18-5 (1) had a single axle weight or tandem [an] axle
18-6 weight that was not heavier than the axle weight [load] authorized
18-7 by law plus 12 percent;
18-8 (2) was loaded with timber, pulp wood, wood chips, or
18-9 cotton, livestock, or other agricultural products that are:
18-10 (A) in their natural state; and
18-11 (B) being transported from the place of
18-12 production to the place of first marketing or first processing; and
18-13 (3) was not being operated on a portion of the
18-14 national system of interstate and defense highways.
18-15 SECTION 29. Section 622.012, Transportation Code, is amended
18-16 to read as follows:
18-17 Sec. 622.012. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. (a) A
18-18 ready-mixed concrete truck may be operated on a public highway of
18-19 this state only if the tandem axle weight [load] is not heavier
18-20 than 46,000 pounds and the single axle weight [load] is not heavier
18-21 than 23,000 pounds.
18-22 (b) A truck may be operated at a weight that exceeds the
18-23 maximum single axle or tandem axle weight [load] limitation by not
18-24 more than 10 percent if the gross weight [load] is not heavier than
18-25 69,000 pounds.
18-26 SECTION 30. Subsection (a), Section 622.013, Transportation
19-1 Code, is amended to read as follows:
19-2 (a) The owner of a ready-mixed concrete truck with a tandem
19-3 axle weight [load] heavier than 34,000 pounds shall before
19-4 operating the vehicle on a public highway of this state file with
19-5 the department a surety bond subject to the approval of the
19-6 department in the principal amount set by the department not to
19-7 exceed $15,000 for each truck.
19-8 SECTION 31. Subsection (b), Section 622.014, Transportation
19-9 Code, is amended to read as follows:
19-10 (b) The rules may include weight limitations on a truck
19-11 with:
19-12 (1) a tandem axle weight [load] that is heavier than
19-13 36,000 pounds;
19-14 (2) a single axle weight [load] that is heavier than
19-15 12,000 pounds; or
19-16 (3) a gross weight [load] that is heavier than 48,000
19-17 pounds.
19-18 SECTION 32. Section 622.015, Transportation Code, is amended
19-19 to read as follows:
19-20 Sec. 622.015. LOCAL SURETY BOND. The governing body of a
19-21 county or municipality may require the owner of a ready-mixed
19-22 concrete truck to file a surety bond in an amount not to exceed
19-23 $15,000 and conditioned that the owner of the truck will pay to the
19-24 county or municipality any damage to a highway caused by the
19-25 operation of the truck with a tandem axle weight [load] that is
19-26 heavier than 34,000 pounds.
20-1 SECTION 33. Section 622.031, Transportation Code, is amended
20-2 to read as follows:
20-3 Sec. 622.031. LENGTH AND AXLE WEIGHT [AXLE-LOAD]
20-4 RESTRICTIONS. A vehicle used exclusively to transport milk may be
20-5 operated on a public highway of this state only if:
20-6 (1) the distance between the front wheel of the
20-7 forward tandem axle and the rear wheel of the rear tandem axle,
20-8 measured longitudinally, is 28 feet or more; and
20-9 (2) the weight [load] carried on any group of axles is
20-10 not heavier than 68,000 pounds.
20-11 SECTION 34. Subsection (b), Section 622.041, Transportation
20-12 Code, is amended to read as follows:
20-13 (b) [The limitation in] Subsection (a)(1) does not apply to
20-14 a truck-tractor or truck-tractor combination transporting poles,
20-15 piling, or unrefined timber.
20-16 SECTION 35. Subsection (a), Section 622.0435, Transportation
20-17 Code, is amended to read as follows:
20-18 (a) The width, height, and gross weight of a vehicle or
20-19 combination of vehicles subject to this subchapter that is
20-20 transporting raw wood products shall conform to Chapters 621 and
20-21 623, except that a vehicle or combination of vehicles transporting
20-22 raw wood products that has an outer bridge of 39 feet or more may
20-23 have a maximum gross weight of 80,000 pounds [when it is necessary
20-24 to transport the load, the distance between axles on a vehicle may
20-25 be shortened by not more than 12 feet for gross weight
20-26 determinations].
21-1 SECTION 36. Subchapter D, Chapter 622, Transportation Code,
21-2 is amended by adding Section 622.045 to read as follows:
21-3 Sec. 622.045. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
21-4 subchapter does not authorize the operation on the national system
21-5 of interstate and defense highways in this state of a vehicle of a
21-6 size or weight greater than those permitted under 23 U.S.C. Section
21-7 127, as amended.
21-8 (b) If the United States authorizes the operation on the
21-9 national system of interstate and defense highways of a vehicle of
21-10 a size or weight greater than those permitted under 23 U.S.C.
21-11 Section 127 on August 29, 1997, the new limit automatically takes
21-12 effect on the national system of interstate and defense highways in
21-13 this state.
21-14 SECTION 37. Subsection (b), Section 622.051, Transportation
21-15 Code, is amended to read as follows:
21-16 (b) [The limitation in] Subsection (a)(1) does not apply to
21-17 a truck-tractor or truck-tractor combination transporting poles for
21-18 the maintenance of electric power transmission or distribution
21-19 lines.
21-20 SECTION 38. Subsection (b), Section 622.061, Transportation
21-21 Code, is amended to read as follows:
21-22 (b) [The limitation in] Subsection (a) does not apply to a
21-23 truck-tractor or truck-tractor combination transporting poles or
21-24 pipe.
21-25 SECTION 39. Section 622.133, Transportation Code, is amended
21-26 to read as follows:
22-1 Sec. 622.133. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A
22-2 single motor vehicle used exclusively to transport recyclable
22-3 materials may be operated on a public highway only if the tandem
22-4 axle weight [load] is not heavier than 44,000 pounds, a single axle
22-5 weight [load] is not heavier than 21,000 pounds, and the gross
22-6 weight [load] is not heavier than 64,000 pounds.
22-7 SECTION 40. Subsection (a), Section 622.134, Transportation
22-8 Code, is amended to read as follows:
22-9 (a) Except as provided by Subsection (c), the owner of a
22-10 vehicle covered by this subchapter with a tandem axle weight [load]
22-11 heavier than 34,000 pounds shall before operating the vehicle on a
22-12 public highway of this state file with the department a surety bond
22-13 subject to the approval of the department in the principal amount
22-14 set by the department not to exceed $15,000 for each vehicle.
22-15 SECTION 41. Section 622.953, Transportation Code, is amended
22-16 to read as follows:
22-17 Sec. 622.953. VEHICLE TRANSPORTING SEED COTTON MODULES.
22-18 (a) The weight limitations of Section 621.101 do not apply to a
22-19 single motor vehicle [or combination of vehicles] used exclusively
22-20 to transport seed cotton modules.
22-21 (b) The overall gross weight of a single motor vehicle [or
22-22 combination] to which this section applies may not be heavier than
22-23 59,400 pounds.
22-24 (c) The owner of a single motor vehicle [or combination] to
22-25 which this section applies that has a gross weight of more than
22-26 59,400 pounds is liable to the state, county, or municipality for
23-1 any damage to a highway, street, road, or bridge caused by the
23-2 weight of the load.
23-3 (d) A vehicle [or combination] to which this section applies
23-4 may not be operated on the national system of interstate and
23-5 defense highways if the vehicle exceeds the maximum weight
23-6 authorized by 23 U.S.C. Section 127, as amended.
23-7 SECTION 42. Section 623.162, Transportation Code, is amended
23-8 to read as follows:
23-9 Sec. 623.162. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A
23-10 single vehicle used exclusively to transport solid waste may be
23-11 operated on a public highway of this state only if the tandem axle
23-12 weight [load] is not heavier than 44,000 pounds, the single axle
23-13 weight [load] is not heavier than 21,000 pounds, and the gross
23-14 weight [load] is not heavier than 64,000 pounds.
23-15 SECTION 43. Subdivision (20), Section 522.003,
23-16 Transportation Code, is repealed.
23-17 SECTION 44. Sections 621.505, 622.017, 622.033, 622.081,
23-18 622.136, 622.951, and 623.165, Transportation Code, are repealed.
23-19 SECTION 45. (a) This Act takes effect September 1, 2001.
23-20 (b) Subsection (d), Section 522.011, Transportation Code, as
23-21 added by this Act, applies only to an offense committed on or after
23-22 the effective date of this Act. An offense committed before the
23-23 effective date of this Act is governed by the law in effect on the
23-24 date the offense was committed, and the former law is continued in
23-25 effect for that purpose.
23-26 (c) Subsection (a), Section 522.021, Transportation Code, as
24-1 amended by this Act, applies only to an application for a
24-2 commercial driver's license that is filed on or after the effective
24-3 date of this Act. An application for a commercial driver's license
24-4 that was filed before the effective date of this Act is governed by
24-5 the law in effect immediately before the effective date of this
24-6 Act, and the former law is continued in effect for that purpose.
24-7 (d) Subsection (a), Section 522.062, Transportation Code, as
24-8 amended by this Act, applies only to an offense committed on or
24-9 after the effective date of this Act. An offense committed before
24-10 the effective date of this Act is governed by the law in effect
24-11 immediately before the effective date of this Act, and the former
24-12 law is continued in effect for that purpose.
24-13 (e) Section 522.081, Transportation Code, as amended by this
24-14 Act, applies only to an offense committed on or after the effective
24-15 date of this Act. An offense committed before the effective date
24-16 of this Act is governed by the law in effect immediately before the
24-17 effective date of this Act, and the former law is continued in
24-18 effect for that purpose.
24-19 (f) Section 522.087, Transportation Code, as amended by this
24-20 Act, applies only to a disqualification that is issued under
24-21 Chapter 522, Transportation Code, on or after the effective date of
24-22 this Act. A disqualification that is issued under that chapter
24-23 before the effective date of this Act is governed by the law in
24-24 effect on the date the disqualification was issued, and the former
24-25 law is continued in effect for that purpose.
24-26 (g) Sections 522.102 and 522.103, Transportation Code, as
25-1 amended by this Act, apply only to an offense committed on or after
25-2 the effective date of this Act. An offense committed before the
25-3 effective date of this Act is governed by the law in effect
25-4 immediately before the effective date of this Act, and the former
25-5 law is continued in effect for that purpose.
25-6 (h) The changes in law made by Section 44 of this Act and
25-7 Sections 621.506 and 621.507, Transportation Code, as amended by
25-8 this Act, apply only to an offense committed on or after September
25-9 1, 2001. An offense under Section 621.506 or 621.507,
25-10 Transportation Code, or under a law repealed by Section 44 of this
25-11 Act, that was committed before September 1, 2001, is covered by the
25-12 law as it existed immediately before the effective date of this
25-13 Act, and the former law is continued in effect for that purpose.
S.B. No. 886
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 886 passed the Senate on
April 19, 2001, by a viva-voce vote; May 25, 2001, Senate refused
to concur in House amendment and requested appointment of
Conference Committee; May 25, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
the following vote: Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 886 passed the House, with
amendment, on May 23, 2001, by a non-record vote; May 25, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor