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.