By Ogden S.B. No. 886
77R3491 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle size and weight limitations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 621.001, Transportation Code, is amended
1-5 by adding Subdivisions (10) and (11) to read as follows:
1-6 (10) "Single axle weight" means the total weight
1-7 transmitted to the road by all wheels whose centers may be included
1-8 between two parallel transverse vertical planes 40 inches apart,
1-9 extending across the full width of the vehicle.
1-10 (11) "Tandem axle weight" means the total weight
1-11 transmitted to the road by two or more consecutive axles whose
1-12 centers may be included between parallel transverse vertical planes
1-13 spaced more than 40 inches and not more than 96 inches apart,
1-14 extending across the full width of the vehicle.
1-15 SECTION 2. Section 621.101, Transportation Code, is amended
1-16 to read as follows:
1-17 Sec. 621.101. MAXIMUM WEIGHT OF VEHICLE OR COMBINATION
1-18 [LOAD]. (a) A vehicle or combination of vehicles may not be
1-19 operated over or on a public highway [outside the territory of a
1-20 municipality, over or on a state-maintained public highway inside
1-21 the territory of a municipality,] or at a port-of-entry between
1-22 Texas and the United Mexican States if the vehicle or combination
1-23 has:
1-24 (1) a single [an] axle weight [that carries a load]
2-1 heavier than 20,000 pounds[:]
2-2 [(A) 16,000 pounds on high-pressure tires; or]
2-3 [(B) 20,000 pounds on low-pressure tires],
2-4 including all enforcement tolerances;
2-5 (2) a tandem axle weight heavier than 34,000 pounds,
2-6 including all enforcement tolerances;
2-7 (3) an overall gross weight on a group of two or more
2-8 consecutive axles heavier than the weight computed using the
2-9 following formula and rounding the result to the nearest 500
2-10 pounds:
2-11 W = 500((LN/(N - 1)) + 12N + 36)
2-12 where:
2-13 "W" is maximum overall gross weight on the group;
2-14 "L" is distance in feet between the axles of the group that
2-15 are the farthest apart; and
2-16 "N" is number of axles in the group;
2-17 (4) a weight heavier than the weight specified and
2-18 marked on the sidewall of the tire by the tire manufacturer.[:]
2-19 [(A) 600 pounds for each inch of tire width
2-20 concentrated on the surface of the highway on a wheel using
2-21 high-pressure tires; or]
2-22 [(B) 650 pounds for each inch of tire width
2-23 concentrated on the surface of the highway on a wheel using
2-24 low-pressure tires; or]
2-25 [(5) a wheel that carries a load heavier than:]
2-26 [(A) 8,000 pounds on high-pressure tires; or]
2-27 [(B) 10,000 pounds on low-pressure tires.]
3-1 (b) Notwithstanding Subsection (a)(3), two consecutive sets
3-2 of tandem axles may have [carry] a gross weight [load] of not more
3-3 than 34,000 pounds each if the overall distance between the first
3-4 and last axles of the consecutive sets is 36 feet or more. The
3-5 overall gross weight on a group of two or more consecutive axles
3-6 may not be heavier than 80,000 pounds, including all enforcement
3-7 tolerances.
3-8 (c) This section does not:
3-9 (1) authorize size or weight limits on the national
3-10 system of interstate and defense highways in this state greater
3-11 than those permitted under 23 U.S.C. Section 127, as amended; or
3-12 (2) prohibit the operation of a vehicle or combination
3-13 of vehicles that could be lawfully operated on a highway or road of
3-14 this state on December 16, 1974.
3-15 [(d) For the purposes of this section, the load carried on
3-16 an axle is the total load transmitted to the road by all wheels the
3-17 centers of which can be included between two parallel transverse
3-18 vertical planes 40 inches apart, extending across the full width of
3-19 the vehicle.]
3-20 SECTION 3. Sections 621.102(a) and (e), Transportation Code,
3-21 are amended to read as follows:
3-22 (a) The commission may set the maximum single axle weight,
3-23 tandem axle weight, or gross weight of a vehicle [and its load], or
3-24 maximum single axle weight, tandem axle weight, or gross weight of
3-25 a combination of vehicles and loads[, maximum axle load, or maximum
3-26 wheel load] that may be moved over a state highway or a farm or
3-27 ranch road if the commission finds that heavier maximum weight
4-1 would rapidly deteriorate or destroy the road or a bridge or
4-2 culvert along the road. A maximum weight [or load] set under this
4-3 subsection may not exceed the maximum set by statute for that
4-4 weight [or load].
4-5 (e) A vehicle operating under a permit issued under Section
4-6 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
4-7 623.212 may operate under the conditions authorized by the permit
4-8 over a road for which the commission has set a maximum weight under
4-9 this section. [This section does not affect a law that authorizes
4-10 or provides for a special permit for a weight heavier than the
4-11 maximum weight provided by law.]
4-12 SECTION 4. Sections 621.204(a) and (b), Transportation Code,
4-13 are amended to read as follows:
4-14 (a) A semitrailer that is operated in a truck-tractor and
4-15 semitrailer combination may not be longer than 59 feet, excluding
4-16 the length of the towing device.
4-17 (b) A semitrailer or trailer that is operated in a
4-18 truck-tractor, semitrailer, and trailer combination may not be
4-19 longer than 28-1/2 feet, excluding the length of the towing device.
4-20 SECTION 5. Section 621.206, Transportation Code, is amended
4-21 to read as follows:
4-22 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD. (a) A
4-23 vehicle or combination of vehicles may not carry a load that
4-24 extends more than three feet beyond its front or, except as
4-25 permitted by other law, more than four feet beyond its rear.
4-26 (b) [(c)] Subsection (a) does not apply to vehicles
4-27 collecting garbage, rubbish, refuse, or recyclable materials which
5-1 are equipped with front-end loading attachments and containers
5-2 provided that the vehicle is actively engaged in the collection of
5-3 garbage, rubbish, refuse, or recyclable materials.
5-4 SECTION 6. Section 621.301(e), Transportation Code, is
5-5 amended to read as follows:
5-6 (e) A vehicle operating under a permit issued under Section
5-7 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
5-8 623.212 may operate under the conditions authorized by the permit
5-9 over a road for which the commission has set a maximum weight under
5-10 this section. [This section does not affect a law that authorizes
5-11 or provides for special permits for a weight heavier than the
5-12 maximum weight provided by law.]
5-13 SECTION 7. Section 621.402(a), Transportation Code, is
5-14 amended to read as follows:
5-15 (a) A weight enforcement officer who has reason to believe
5-16 that the single axle weight, tandem axle weight, or gross weight
5-17 [or axle load] of a loaded motor vehicle is unlawful may:
5-18 (1) weigh the vehicle using portable or stationary
5-19 scales furnished or approved by the Department of Public Safety; or
5-20 (2) require the vehicle to be weighed by a public
5-21 weigher.
5-22 SECTION 8. Section 621.404, Transportation Code, is amended
5-23 to read as follows:
5-24 Sec. 621.404. UNLOADING VEHICLE IF AXLE WEIGHT [LOAD]
5-25 EXCEEDED. (a) If the axle weight [load] of a motor vehicle weighed
5-26 under Section 621.402 is heavier than the maximum axle weight
5-27 [load] authorized by law for the vehicle plus a tolerance allowance
6-1 equal to five percent of that maximum weight [load], the weight
6-2 enforcement officer shall require the operator or owner of the
6-3 vehicle to rearrange the vehicle's cargo, if possible, to bring the
6-4 vehicle's axles within the maximum axle weight [load] allowed by
6-5 law for that vehicle. If the requirement cannot be satisfied by
6-6 rearrangement of cargo, a part of the vehicle's load shall be
6-7 unloaded to decrease the axle weight [load] to a weight that is not
6-8 heavier than the maximum axle weight [load] allowed by law for the
6-9 vehicle plus the applicable tolerance allowance.
6-10 (b) The vehicle may not be operated further over the public
6-11 highways or roads of the state until the axle weight [load] of the
6-12 vehicle has been reduced as required by Subsection (a).
6-13 SECTION 9. Section 621.405(b), Transportation Code, is
6-14 amended to read as follows:
6-15 (b) The operator of a motor vehicle may proceed to the
6-16 vehicle's destination without unloading the vehicle as required by
6-17 Section 621.403 or 621.404 if[:]
6-18 [(1)] the vehicle is loaded with livestock[; and]
6-19 [(2) the vehicle's destination is in this state].
6-20 SECTION 10. Section 621.409(a), Transportation Code, is
6-21 amended to read as follows:
6-22 (a) A port-of-entry supervisor, an inspector employed by the
6-23 Alcoholic Beverage Commission, or a weight enforcement officer who
6-24 has reason to believe that the axle or gross weight [or axle load]
6-25 of a loaded motor vehicle is unlawful may weigh the vehicle using
6-26 portable or stationary scales furnished or approved by the
6-27 Department of Public Safety.
7-1 SECTION 11. Section 621.502(a), Transportation Code, is
7-2 amended to read as follows:
7-3 (a) A person may not operate or move a vehicle on a highway
7-4 if:
7-5 (1) the vehicle's size is larger than the applicable
7-6 maximum size authorized for that vehicle by this subtitle;
7-7 (2) the vehicle's single axle weight, tandem axle
7-8 weight, or gross weight[, axle load, or wheel load] is greater than
7-9 the applicable weight [or load] authorized for that vehicle by this
7-10 subtitle; or
7-11 (3) the vehicle is not constructed or equipped as
7-12 required by this subtitle [chapter].
7-13 SECTION 12. Section 621.503(b), Transportation Code, is
7-14 amended to read as follows:
7-15 (b) Intent to violate a limitation is presumed if the weight
7-16 of the loaded vehicle is heavier than the applicable axle or gross
7-17 [vehicular] weight limit [or axle load limit] by 15 percent or
7-18 more.
7-19 SECTION 13. Sections 621.506(a), (b), (c), and (g),
7-20 Transportation Code, are amended to read as follows:
7-21 (a) A person commits an offense if the person:
7-22 (1) operates a vehicle or combination of vehicles in
7-23 violation of Section 621.101, 622.012, 622.031, 622.133, or
7-24 623.162; or
7-25 (2) loads a vehicle or causes a vehicle to be loaded
7-26 in violation of Section 621.503.
7-27 (b) An offense under this section is a misdemeanor
8-1 punishable:
8-2 (1) by a fine of not less than $100 and not more than
8-3 $150;
8-4 (2) on conviction of an offense involving a vehicle
8-5 having a single axle weight, tandem axle weight, or gross weight
8-6 that is more than 5,000 but not more than 10,000 pounds heavier
8-7 than the vehicle's allowable [gross] weight, by a fine of not less
8-8 than $300 or more than $500;
8-9 (3) on conviction of an offense involving a vehicle
8-10 having a single axle weight, tandem axle weight, or gross weight
8-11 that is more than 10,000 pounds heavier than the vehicle's
8-12 allowable [gross] weight, by a fine of not less than $500 or more
8-13 than $1,000; or
8-14 (4) on conviction before the first anniversary of the
8-15 date of a previous conviction under this section, by a fine in an
8-16 amount that is twice the amount specified by Subdivision (1), (2),
8-17 or (3).
8-18 (c) On conviction of a violation of an axle weight [load]
8-19 limitation, the court may assess a fine less than the applicable
8-20 minimum amount prescribed by Subsection (b) if the court finds that
8-21 when the violation occurred:
8-22 (1) the vehicle was registered to carry the maximum
8-23 gross weight authorized for that vehicle under Section 621.101; and
8-24 (2) the gross weight of the vehicle did not exceed
8-25 that maximum gross weight.
8-26 (g) A governmental entity that collects a fine under this
8-27 section for an offense involving a vehicle having a single axle
9-1 weight, tandem axle weight, or gross weight that is more than 5,000
9-2 pounds heavier than the vehicle's allowable [gross] weight shall
9-3 send an amount equal to 50 percent of the fine to the comptroller
9-4 unless the offense occurred within 20 miles of an international
9-5 border in which event the entire amount of the fine shall be
9-6 deposited for the purposes of road maintenance in:
9-7 (1) the municipal treasury, if the fine was imposed by
9-8 a municipal court; or
9-9 (2) the county treasury, if the fine was imposed by a
9-10 justice court.
9-11 SECTION 14. Section 621.507(a), Transportation Code, is
9-12 amended to read as follows:
9-13 (a) A person commits an offense if the person violates a
9-14 provision of this subtitle [subchapter] for which an offense is not
9-15 specified by another section of this subtitle [subchapter].
9-16 SECTION 15. Section 621.508, Transportation Code, is amended
9-17 to read as follows:
9-18 Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER
9-19 MAXIMUM ALLOWABLE AXLE WEIGHT [WITH HEAVY AXLE LOAD]. It is an
9-20 affirmative defense to prosecution of, or an action under
9-21 Subchapter F for, the offense of operating a vehicle with a single
9-22 axle weight or tandem [an] axle weight [load] heavier than the axle
9-23 weight [load] authorized by law that at the time of the offense the
9-24 vehicle:
9-25 (1) had a single axle weight or tandem [an] axle
9-26 weight that was not heavier than the axle weight [load] authorized
9-27 by law plus 12 percent;
10-1 (2) was loaded with timber, pulp wood, wood chips,
10-2 cotton, livestock or other agricultural products that are:
10-3 (A) in their natural state; and
10-4 (B) being transported from the place of
10-5 production to the place of first marketing or first processing; and
10-6 (3) was not being operated on a portion of the
10-7 national system of interstate and defense highways.
10-8 SECTION 16. Section 622.012, Transportation Code, is amended
10-9 to read as follows:
10-10 Sec. 622.012. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. (a) A
10-11 ready-mixed concrete truck may be operated on a public highway of
10-12 this state only if the tandem axle weight [load] is not heavier
10-13 than 46,000 pounds and the single axle weight [load] is not heavier
10-14 than 23,000 pounds.
10-15 (b) A truck may be operated at a weight that exceeds the
10-16 maximum single axle or tandem axle weight [load] limitation by not
10-17 more than 10 percent if the gross weight [load] is not heavier than
10-18 69,000 pounds.
10-19 SECTION 17. Section 622.013(a), Transportation Code, is
10-20 amended to read as follows:
10-21 (a) The owner of a ready-mixed concrete truck with a tandem
10-22 axle weight [load] heavier than 34,000 pounds shall before
10-23 operating the vehicle on a public highway of this state file with
10-24 the department a surety bond subject to the approval of the
10-25 department in the principal amount set by the department not to
10-26 exceed $15,000 for each truck.
10-27 SECTION 18. Section 622.014(b), Transportation Code, is
11-1 amended to read as follows:
11-2 (b) The rules may include weight limitations on a truck
11-3 with:
11-4 (1) a tandem axle weight [load] that is heavier than
11-5 36,000 pounds;
11-6 (2) a single axle weight [load] that is heavier than
11-7 12,000 pounds; or
11-8 (3) a gross weight [load] that is heavier than 48,000
11-9 pounds.
11-10 SECTION 19. Section 622.015, Transportation Code, is amended
11-11 to read as follows:
11-12 Sec. 622.015. LOCAL SURETY BOND. The governing body of a
11-13 county or municipality may require the owner of a ready-mixed
11-14 concrete truck to file a surety bond in an amount not to exceed
11-15 $15,000 and conditioned that the owner of the truck will pay to the
11-16 county or municipality any damage to a highway caused by the
11-17 operation of the truck with a tandem axle weight [load] that is
11-18 heavier than 34,000 pounds.
11-19 SECTION 20. Section 622.031, Transportation Code, is amended
11-20 to read as follows:
11-21 Sec. 622.031. LENGTH AND AXLE WEIGHT [AXLE-LOAD]
11-22 RESTRICTIONS. A vehicle used exclusively to transport milk may be
11-23 operated on a public highway of this state only if:
11-24 (1) the distance between the front wheel of the
11-25 forward tandem axle and the rear wheel of the rear tandem axle,
11-26 measured longitudinally, is 28 feet or more; and
11-27 (2) the weight [load] carried on any group of axles is
12-1 not heavier than 68,000 pounds.
12-2 SECTION 21. Section 622.041, Transportation Code, is amended
12-3 by amending Subsection (b) to read as follows:
12-4 (b) [The limitation in] Subsection (a)(1) does not apply to
12-5 a truck-tractor or truck-tractor combination transporting poles,
12-6 piling, or unrefined timber.
12-7 SECTION 22. Section 622.0435(a), Transportation Code, is
12-8 amended to read as follows:
12-9 (a) The width, height, and gross weight of a vehicle or
12-10 combination of vehicles subject to this subchapter that is
12-11 transporting raw wood products shall conform to Chapters 621 and
12-12 623, except that a vehicle or combination of vehicles transporting
12-13 raw wood products that has an outer bridge of 39 feet or more may
12-14 have a maximum gross weight of 80,000 pounds [when it is necessary
12-15 to transport the load, the distance between axles on a vehicle may
12-16 be shortened by not more than 12 feet for gross weight
12-17 determinations].
12-18 SECTION 23. Subchapter D, Chapter 622, Transportation Code,
12-19 is amended by adding Section 622.045 to read as follows:
12-20 Sec. 622.045. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
12-21 subchapter does not authorize the operation on the national system
12-22 of interstate and defense highways in this state of a vehicle of a
12-23 size or weight greater than those permitted under 23 U.S.C. Section
12-24 127, as amended.
12-25 (b) If the United States authorizes the operation on the
12-26 national system of interstate and defense highways of a vehicle of
12-27 a size or weight greater than those permitted under 23 U.S.C.
13-1 Section 127 on August 29, 1997, the new limit automatically takes
13-2 effect on the national system of interstate and defense highways in
13-3 this state.
13-4 SECTION 24. Section 622.051(b), Transportation Code, is
13-5 amended to read as follows:
13-6 (b) [The limitation in] Subsection (a)(1) does not apply to
13-7 a truck-tractor or truck-tractor combination transporting poles for
13-8 the maintenance of electric power transmission or distribution
13-9 lines.
13-10 SECTION 25. Section 622.061(b), Transportation Code, is
13-11 amended to read as follows:
13-12 (b) [The limitation in] Subsection (a) does not apply to a
13-13 truck-tractor or truck-tractor combination transporting poles or
13-14 pipe.
13-15 SECTION 26. Section 622.133, Transportation Code, is amended
13-16 to read as follows:
13-17 Sec. 622.133. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A single
13-18 motor vehicle used exclusively to transport recyclable materials
13-19 may be operated on a public highway only if the tandem axle weight
13-20 [load] is not heavier than 44,000 pounds, a single axle weight
13-21 [load] is not heavier than 21,000 pounds, and the gross weight
13-22 [load] is not heavier than 65,000 [64,000] pounds.
13-23 SECTION 27. Section 622.134(a), Transportation Code, is
13-24 amended to read as follows:
13-25 (a) Except as provided by Subsection (c), the owner of a
13-26 vehicle covered by this subchapter with a tandem axle weight [load]
13-27 heavier than 34,000 pounds shall before operating the vehicle on a
14-1 public highway of this state file with the department a surety bond
14-2 subject to the approval of the department in the principal amount
14-3 set by the department not to exceed $15,000 for each vehicle.
14-4 SECTION 28. Section 622.953, Transportation Code, is amended
14-5 to read as follows:
14-6 Sec. 622.953. VEHICLE TRANSPORTING SEED COTTON MODULES. (a)
14-7 The weight limitations of Section 621.101 do not apply to a single
14-8 motor vehicle [or combination of vehicles] used exclusively to
14-9 transport seed cotton modules.
14-10 (b) The overall gross weight of a single motor vehicle [or
14-11 combination] to which this section applies may not be heavier than
14-12 59,400 pounds.
14-13 (c) The owner of a single motor vehicle [or combination] to
14-14 which this section applies that has a gross weight of more than
14-15 59,400 pounds is liable to the state, county, or municipality for
14-16 any damage to a highway, street, road, or bridge caused by the
14-17 weight of the load.
14-18 (d) A vehicle [or combination] to which this section applies
14-19 may not be operated on the national system of interstate and
14-20 defense highways if the vehicle exceeds the maximum weight
14-21 authorized by 23 U.S.C. Section 127.
14-22 SECTION 29. Section 623.162, Transportation Code, is amended
14-23 to read as follows:
14-24 Sec. 623.162. AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS. A single
14-25 vehicle used exclusively to transport solid waste may be operated
14-26 on a public highway of this state only if the tandem axle weight
14-27 [load] is not heavier than 44,000 pounds, the single axle weight
15-1 [load] is not heavier than 21,000 pounds, and the gross weight
15-2 [load] is not heavier than 65,000 [64,000] pounds.
15-3 SECTION 30. Sections 621.505, 622.017, 622.033, 622.081,
15-4 622.136, 622.951, and 623.165, Transportation Code, are repealed.
15-5 SECTION 31. The changes in law made by Sections 13 and 30 of
15-6 this Act apply to an offense committed on or after the effective
15-7 date of this Act. An offense committed before the effective date
15-8 of this Act is governed by the law in effect on the date the
15-9 offense was committed, and the former law is continued in effect
15-10 for that purpose.
15-11 SECTION 32. This Act takes effect September 1, 2001.