1-1     By:  Ogden                                             S.B. No. 886
 1-2           (In the Senate - Filed February 23, 2001; February 26, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 1; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 886                By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to motor vehicle size and weight limitations; providing
1-11     penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 621.001, Transportation Code, is amended
1-14     by adding Subdivisions (10) and (11) to read as follows:
1-15                 (10)  "Single axle weight" means the total weight
1-16     transmitted to the road by all wheels whose centers may be included
1-17     between two parallel transverse vertical planes 40 inches apart,
1-18     extending across the full width of the vehicle.
1-19                 (11)  "Tandem axle weight" means the total weight
1-20     transmitted to the road by two or more consecutive axles whose
1-21     centers may be included between parallel transverse vertical planes
1-22     spaced more than 40 inches and not more than 96 inches apart,
1-23     extending across the full width of the vehicle.
1-24           SECTION 2.  Section 621.101, Transportation Code, is amended
1-25     to read as follows:
1-26           Sec. 621.101.  MAXIMUM WEIGHT OF VEHICLE OR COMBINATION
1-27     [LOAD].  (a)  A vehicle or combination of vehicles may not be
1-28     operated over or on a public highway [outside the territory of a
1-29     municipality, over or on a state-maintained public highway inside
1-30     the territory of a municipality,] or at a port-of-entry between
1-31     Texas and the United Mexican States if the vehicle or combination
1-32     has:
1-33                 (1)  a single [an] axle weight [that carries a load]
1-34     heavier than 20,000 pounds[:]
1-35                       [(A)  16,000 pounds on high-pressure tires; or]
1-36                       [(B)  20,000 pounds on low-pressure tires],
1-37     including all enforcement tolerances;
1-38                 (2)  a tandem axle weight heavier than 34,000 pounds,
1-39     including all enforcement tolerances;
1-40                 (3)  an overall gross weight on a group of two or more
1-41     consecutive axles heavier than the weight computed using the
1-42     following formula and rounding the result to the nearest 500
1-43     pounds:
1-44           W = 500((LN/(N - 1)) + 12N + 36)
1-45           where:
1-46           "W" is maximum overall gross weight on the group;
1-47           "L" is distance in feet between the axles of the group that
1-48     are the farthest apart; and
1-49           "N" is number of axles in the group; or
1-50                 (4)  tires that carry a weight heavier than the weight
1-51     specified and marked on the sidewall of the tire, unless the
1-52     vehicle is being operated under the terms of a special permit[:]
1-53                       [(A)  600 pounds for each inch of tire width
1-54     concentrated on the surface of the highway on a wheel using
1-55     high-pressure tires; or]
1-56                       [(B)  650 pounds for each inch of tire width
1-57     concentrated on the surface of the highway on a wheel using
1-58     low-pressure tires; or]
1-59                 [(5)  a wheel that carries a load heavier than:]
1-60                       [(A)  8,000 pounds on high-pressure tires; or]
1-61                       [(B)  10,000 pounds on low-pressure tires].
1-62           (b)  Notwithstanding Subsection (a)(3), two consecutive sets
1-63     of tandem axles may carry a gross weight [load] of not more than
1-64     34,000 pounds each if the overall distance between the first and
 2-1     last axles of the consecutive sets is 36 feet or more.  The overall
 2-2     gross weight on a group of two or more consecutive axles may not be
 2-3     heavier than 80,000 pounds, including all enforcement tolerances,
 2-4     regardless of tire ratings, axle spacing (bridge), and number of
 2-5     axles.
 2-6           (c)  This section does not:
 2-7                 (1)  authorize size or weight limits on the national
 2-8     system of interstate and defense highways in this state greater
 2-9     than those permitted under 23 U.S.C. Section 127, as amended; or
2-10                 (2)  prohibit the operation of a vehicle or combination
2-11     of vehicles that could be lawfully operated on a highway or road of
2-12     this state on December 16, 1974.
2-13           [(d)  For the purposes of this section, the load carried on
2-14     an axle is the total load transmitted to the road by all wheels the
2-15     centers of which can be included between two parallel transverse
2-16     vertical planes 40 inches apart, extending across the full width of
2-17     the vehicle.]
2-18           SECTION 3.  Subsections (a) and (e), Section 621.102,
2-19     Transportation Code, are amended to read as follows:
2-20           (a)  The commission may set the maximum single axle weight,
2-21     tandem axle weight, or gross weight of a vehicle [and its load], or
2-22     maximum single axle weight, tandem axle weight, or gross weight of
2-23     a combination of vehicles and loads, [maximum axle load, or maximum
2-24     wheel load] that may be moved over a state highway or a farm or
2-25     ranch road if the commission finds that heavier maximum weight
2-26     would rapidly deteriorate or destroy the road or a bridge or
2-27     culvert along the road.  A maximum weight [or load] set under this
2-28     subsection may not exceed the maximum set by statute for that
2-29     weight [or load].
2-30           (e)  A vehicle operating under a permit issued under Section
2-31     623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
2-32     623.212 may operate under the conditions authorized by the permit
2-33     over a road for which the commission has set a maximum weight under
2-34     this section. [This section does not affect a law that authorizes
2-35     or provides for a special permit for a weight heavier than the
2-36     maximum weight provided by law.]
2-37           SECTION 4.  Subsections (a) and (b), Section 621.204,
2-38     Transportation Code, are amended to read as follows:
2-39           (a)  A semitrailer that is operated in a truck-tractor and
2-40     semitrailer combination may not be longer than 59 feet, excluding
2-41     the length of the towing device.
2-42           (b)  A semitrailer or trailer that is operated in a
2-43     truck-tractor, semitrailer, and trailer combination may not be
2-44     longer than 28 1/2 feet, excluding the length of the towing device.
2-45           SECTION 5.  Section 621.206, Transportation Code, is amended
2-46     to read as follows:
2-47           Sec. 621.206.  MAXIMUM EXTENDED LENGTH OF LOAD.  (a)  A
2-48     vehicle or combination of vehicles may not carry a load that
2-49     extends more than three feet beyond its front or, except as
2-50     permitted by other law, more than four feet beyond its rear.
2-51           (b) [(c)]  Subsection (a)  does not apply to vehicles
2-52     collecting garbage, rubbish, refuse, or recyclable materials which
2-53     are equipped with front-end loading attachments and containers
2-54     provided that the vehicle is actively engaged in the collection of
2-55     garbage, rubbish, refuse, or recyclable materials.
2-56           SECTION 6.  Subsection (e), Section 621.301, Transportation
2-57     Code, is amended to read as follows:
2-58           (e)  A vehicle operating under a permit issued under Section
2-59     623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or
2-60     623.212 may operate under the conditions authorized by the permit
2-61     over a road for which the commissioners court has set a maximum
2-62     weight under this section. [This section does not affect a law that
2-63     authorizes or provides for special permits for a weight heavier
2-64     than the maximum weight provided by law.]
2-65           SECTION 7.  Subsection (a), Section 621.402, Transportation
2-66     Code, is amended to read as follows:
2-67           (a)  A weight enforcement officer who has reason to believe
2-68     that the single axle weight, tandem axle weight, or gross weight
2-69     [or axle load] of a loaded motor vehicle is unlawful may:
 3-1                 (1)  weigh the vehicle using portable or stationary
 3-2     scales furnished or approved by the Department of Public Safety; or
 3-3                 (2)  require the vehicle to be weighed by a public
 3-4     weigher.
 3-5           SECTION 8.  Section 621.404, Transportation Code, is amended
 3-6     to read as follows:
 3-7           Sec. 621.404.  UNLOADING VEHICLE IF AXLE WEIGHT [LOAD]
 3-8     EXCEEDED.  (a)  If the axle weight [load] of a motor vehicle
 3-9     weighed under Section 621.402 is heavier than the maximum axle
3-10     weight [load] authorized by law for the vehicle plus a tolerance
3-11     allowance equal to five percent of that maximum weight [load], the
3-12     weight enforcement officer shall require the operator or owner of
3-13     the vehicle to rearrange the vehicle's cargo, if possible, to bring
3-14     the vehicle's axles within the maximum axle weight [load] allowed
3-15     by law for that vehicle.  If the requirement cannot be satisfied by
3-16     rearrangement of cargo, a part of the vehicle's load shall be
3-17     unloaded to decrease the axle weight [load] to a weight that is not
3-18     heavier than the maximum axle weight [load] allowed by law for the
3-19     vehicle plus the applicable tolerance allowance.
3-20           (b)  The vehicle may not be operated further over the public
3-21     highways or roads of the state until the axle weight [load] of the
3-22     vehicle has been reduced as required by Subsection (a).
3-23           SECTION 9.  Subsection (b), Section 621.405, Transportation
3-24     Code, is amended to read as follows:
3-25           (b)  The operator of a motor vehicle may proceed to the
3-26     vehicle's destination without unloading the vehicle as required by
3-27     Section 621.403 or 621.404 if[:]
3-28                 [(1)]  the vehicle is loaded with livestock[; and]
3-29                 [(2)  the vehicle's destination is in this state].
3-30           SECTION 10.  Subsection (a), Section 621.409, Transportation
3-31     Code, is amended to read as follows:
3-32           (a)  A port-of-entry supervisor, an inspector employed by the
3-33     Alcoholic Beverage Commission, or a weight enforcement officer who
3-34     has reason to believe that the axle or gross weight [or axle load]
3-35     of a loaded motor vehicle is unlawful may weigh the vehicle using
3-36     portable or stationary scales furnished or approved by the
3-37     Department of Public Safety.
3-38           SECTION 11.  Subsection (a), Section 621.502, Transportation
3-39     Code, is amended to read as follows:
3-40           (a)  A person may not operate or move a vehicle on a highway
3-41     if:
3-42                 (1)  the vehicle's size is larger than the applicable
3-43     maximum size authorized for that vehicle by this subtitle;
3-44                 (2)  the vehicle's single axle weight, tandem axle
3-45     weight, or gross weight[, axle load, or wheel load] is greater than
3-46     the applicable weight [or load] authorized for that vehicle by this
3-47     subtitle; or
3-48                 (3)  the vehicle is not constructed or equipped as
3-49     required by this subtitle [chapter].
3-50           SECTION 12.  Subsection (b), Section 621.503, Transportation
3-51     Code, is amended to read as follows:
3-52           (b)  Intent to violate a limitation is presumed if the weight
3-53     of the loaded vehicle is heavier than the applicable axle or gross
3-54     [vehicular] weight limit [or axle load limit] by 15 percent or
3-55     more.
3-56           SECTION 13.  Subsections (a), (b), (c), and (g), Section
3-57     621.506, Transportation Code, are amended to read as follows:
3-58           (a)  A person commits an offense if the person:
3-59                 (1)  operates a vehicle or combination of vehicles in
3-60     violation of Section 621.101, 622.012, 622.031, 622.133, 622.953,
3-61     or 623.162; or
3-62                 (2)  loads a vehicle or causes a vehicle to be loaded
3-63     in violation of Section 621.503.
3-64           (b)  An offense under this section is a misdemeanor
3-65     punishable:
3-66                 (1)  by a fine of not less than $100 and not more than
3-67     $150;
3-68                 (2)  on conviction of an offense involving a vehicle
3-69     having a single axle weight, tandem axle weight, or gross weight
 4-1     that is more than 5,000 but not more than 10,000 pounds heavier
 4-2     than the vehicle's allowable [gross] weight, by a fine of not less
 4-3     than $300 or more than $500;
 4-4                 (3)  on conviction of an offense involving a vehicle
 4-5     having a single axle weight, tandem axle weight, or gross weight
 4-6     that is more than 10,000 pounds heavier than the vehicle's
 4-7     allowable [gross] weight, by a fine of not less than $500 or more
 4-8     than $1,000; or
 4-9                 (4)  on conviction before the first anniversary of the
4-10     date of a previous conviction under this section, by a fine in an
4-11     amount that is twice the amount specified by Subdivision (1), (2),
4-12     or (3).
4-13           (c)  On conviction of a violation of an axle weight [load]
4-14     limitation, the court may assess a fine less than the applicable
4-15     minimum amount prescribed by Subsection (b) if the court finds that
4-16     when the violation occurred:
4-17                 (1)  the vehicle was registered to carry the maximum
4-18     gross weight authorized for that vehicle under Section 621.101; and
4-19                 (2)  the gross weight of the vehicle did not exceed
4-20     that maximum gross weight.
4-21           (g)  A governmental entity that collects a fine under this
4-22     section for an offense involving a vehicle having a single axle
4-23     weight, tandem axle weight, or gross weight that is more than 5,000
4-24     pounds heavier than the vehicle's allowable [gross] weight shall
4-25     send an amount equal to 50 percent of the fine to the comptroller
4-26     unless the offense occurred within 20 miles of an international
4-27     border in which event the entire amount of the fine shall be
4-28     deposited for the purposes of road maintenance in:
4-29                 (1)  the municipal treasury, if the fine was imposed by
4-30     a municipal court; or
4-31                 (2)  the county treasury, if the fine was imposed by a
4-32     justice court.
4-33           SECTION 14.  Subsection (a), Section 621.507, Transportation
4-34     Code, is amended to read as follows:
4-35           (a)  A person commits an offense if the person violates a
4-36     provision of this subtitle [subchapter] for which an offense is not
4-37     specified by another section of this subtitle [subchapter].
4-38           SECTION 15.  Section 621.508, Transportation Code, is amended
4-39     to read as follows:
4-40           Sec. 621.508.  AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER
4-41     MAXIMUM ALLOWABLE AXLE WEIGHT [WITH HEAVY AXLE LOAD].  It is an
4-42     affirmative defense to prosecution of, or an action under
4-43     Subchapter F for, the offense of operating a vehicle with a single
4-44     axle weight or tandem [an] axle weight [load] heavier than the axle
4-45     weight [load] authorized by law that at the time of the offense the
4-46     vehicle:
4-47                 (1)  had a single axle weight or tandem [an] axle
4-48     weight that was not heavier than the axle weight [load] authorized
4-49     by law plus 12 percent;
4-50                 (2)  was loaded with timber, pulp wood, wood chips, or
4-51     cotton, livestock, or other agricultural products that are:
4-52                       (A)  in their natural state; and
4-53                       (B)  being transported from the place of
4-54     production to the place of first marketing or first processing;
4-55     [and]
4-56                 (3)  was not being operated on a portion of the
4-57     national system of interstate and defense highways; and
4-58                 (4)  was not being operated on a road or bridge for
4-59     which the weight limit is less than the weight specified under
4-60     Section 621.101.
4-61           SECTION 16.  Section 622.012, Transportation Code, is amended
4-62     to read as follows:
4-63           Sec. 622.012.  AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS.  (a)  A
4-64     ready-mixed concrete truck may be operated on a public highway of
4-65     this state only if the tandem axle weight [load] is not heavier
4-66     than 46,000 pounds and the single axle weight [load] is not heavier
4-67     than 23,000 pounds.
4-68           (b)  A truck may be operated at a weight that exceeds the
4-69     maximum single axle or tandem axle weight [load] limitation by not
 5-1     more than 10 percent if the gross weight [load] is not heavier than
 5-2     69,000 pounds.
 5-3           SECTION 17.  Subsection (a), Section 622.013, Transportation
 5-4     Code, is amended to read as follows:
 5-5           (a)  The owner of a ready-mixed concrete truck with a tandem
 5-6     axle weight [load] heavier than 34,000 pounds shall before
 5-7     operating the vehicle on a public highway of this state file with
 5-8     the department a surety bond subject to the approval of the
 5-9     department in the principal amount set by the department not to
5-10     exceed $15,000 for each truck.
5-11           SECTION 18.  Subsection (b), Section 622.014, Transportation
5-12     Code, is amended to read as follows:
5-13           (b)  The rules may include weight limitations on a truck
5-14     with:
5-15                 (1)  a tandem axle weight [load] that is heavier than
5-16     36,000 pounds;
5-17                 (2)  a single axle weight [load] that is heavier than
5-18     12,000 pounds; or
5-19                 (3)  a gross weight [load] that is heavier than 48,000
5-20     pounds.
5-21           SECTION 19.  Section 622.015, Transportation Code, is amended
5-22     to read as follows:
5-23           Sec. 622.015.  LOCAL SURETY BOND.  The governing body of a
5-24     county or municipality may require the owner of a ready-mixed
5-25     concrete truck to file a surety bond in an amount not to exceed
5-26     $15,000 and conditioned that the owner of the truck will pay to the
5-27     county or municipality any damage to a highway caused by the
5-28     operation of the truck with a tandem axle weight [load] that is
5-29     heavier than 34,000 pounds.
5-30           SECTION 20.  Section 622.031, Transportation Code, is amended
5-31     to read as follows:
5-32           Sec. 622.031.  LENGTH AND AXLE WEIGHT [AXLE-LOAD]
5-33     RESTRICTIONS.  A vehicle used exclusively to transport milk may be
5-34     operated on a public highway of this state only if:
5-35                 (1)  the distance between the front wheel of the
5-36     forward tandem axle and the rear wheel of the rear tandem axle,
5-37     measured longitudinally, is 28 feet or more; and
5-38                 (2)  the weight [load] carried on any group of axles is
5-39     not heavier than 68,000 pounds.
5-40           SECTION 21.  Subsection (b), Section 622.041, Transportation
5-41     Code, is amended to read as follows:
5-42           (b)  [The limitation in] Subsection (a)(1) does not apply to
5-43     a truck-tractor or truck-tractor combination transporting poles,
5-44     piling, or unrefined timber.
5-45           SECTION 22.  Subsection (a), Section 622.0435, Transportation
5-46     Code, is amended to read as follows:
5-47           (a)  The width, height, and gross weight of a vehicle or
5-48     combination of vehicles subject to this subchapter that is
5-49     transporting raw wood products shall conform to Chapters 621 and
5-50     623, except that a vehicle or combination of vehicles transporting
5-51     raw wood products that has an outer bridge of 39 feet or more may
5-52     have a maximum gross weight of 80,000 pounds [when it is necessary
5-53     to transport the load, the distance between axles on a vehicle may
5-54     be shortened by not more than 12 feet for gross weight
5-55     determinations].
5-56           SECTION 23.  Subchapter D, Chapter 622, Transportation Code,
5-57     is amended by adding Section 622.045 to read as follows:
5-58           Sec. 622.045.  INTERSTATE AND DEFENSE HIGHWAYS.  (a)  This
5-59     subchapter does not authorize the operation on the national system
5-60     of interstate and defense highways in this state of a vehicle of a
5-61     size or weight greater than those permitted under 23 U.S.C. Section
5-62     127, as amended.
5-63           (b)  If the United States authorizes the operation on the
5-64     national system of interstate and defense highways of a vehicle of
5-65     a size or weight greater than those permitted under 23 U.S.C.
5-66     Section 127 on August 29, 1997, the new limit automatically takes
5-67     effect on the national system of interstate and defense highways in
5-68     this state.
5-69           SECTION 24.  Subsection (b), Section 622.051, Transportation
 6-1     Code, is amended to read as follows:
 6-2           (b)  [The limitation in] Subsection (a)(1) does not apply to
 6-3     a truck-tractor or truck-tractor combination transporting poles for
 6-4     the maintenance of electric power transmission or distribution
 6-5     lines.
 6-6           SECTION 25.  Subsection (b), Section 622.061, Transportation
 6-7     Code, is amended to read as follows:
 6-8           (b)  [The limitation in] Subsection (a) does not apply to a
 6-9     truck-tractor or truck-tractor combination transporting poles or
6-10     pipe.
6-11           SECTION 26.  Section 622.133, Transportation Code, is amended
6-12     to read as follows:
6-13           Sec. 622.133.  AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS.  A
6-14     single motor vehicle used exclusively to transport recyclable
6-15     materials may be operated on a public highway only if the tandem
6-16     axle weight [load] is not heavier than 44,000 pounds, a single axle
6-17     weight [load] is not heavier than 21,000 pounds, and the gross
6-18     weight [load] is not heavier than 64,000 pounds.
6-19           SECTION 27.  Subsection (a), Section 622.134, Transportation
6-20     Code, is amended to read as follows:
6-21           (a)  Except as provided by Subsection (c), the owner of a
6-22     vehicle covered by this subchapter with a tandem axle weight [load]
6-23     heavier than 34,000 pounds shall before operating the vehicle on a
6-24     public highway of this state file with the department a surety bond
6-25     subject to the approval of the department in the principal amount
6-26     set by the department not to exceed $15,000 for each vehicle.
6-27           SECTION 28.  Section 622.953, Transportation Code, is amended
6-28     to read as follows:
6-29           Sec. 622.953.  VEHICLE TRANSPORTING SEED COTTON MODULES.
6-30     (a)  The weight limitations of Section 621.101 do not apply to a
6-31     single motor vehicle [or combination of vehicles] used exclusively
6-32     to transport seed cotton modules.
6-33           (b)  The overall gross weight of a single motor vehicle [or
6-34     combination] to which this section applies may not be heavier than
6-35     59,400 pounds.
6-36           (c)  The owner of a single motor vehicle [or combination] to
6-37     which this section applies that has a gross weight of more than
6-38     59,400 pounds is liable to the state, county, or municipality for
6-39     any damage to a highway, street, road, or bridge caused by the
6-40     weight of the load.
6-41           (d)  A vehicle [or combination] to which this section applies
6-42     may not be operated on the national system of interstate and
6-43     defense highways if the vehicle exceeds the maximum weight
6-44     authorized by  23 U.S.C. Section 127, as amended.
6-45           SECTION 29.  Section 623.162, Transportation Code, is amended
6-46     to read as follows:
6-47           Sec. 623.162.  AXLE WEIGHT [AXLE-LOAD] RESTRICTIONS.  A
6-48     single vehicle used exclusively to transport solid waste may be
6-49     operated on a public highway of this state only if the tandem axle
6-50     weight [load] is not heavier than 44,000 pounds, the single axle
6-51     weight [load] is not heavier than 21,000 pounds, and the gross
6-52     weight [load] is not heavier than 64,000 pounds.
6-53           SECTION 30.  Sections 621.505, 622.017, 622.033, 622.081,
6-54     622.136, 622.951, and 623.165, Transportation Code, are repealed.
6-55           SECTION 31.  (a)  This Act takes effect September 1, 2001.
6-56           (b)  Except as provided by Subsection (c) of this section:
6-57                 (1)  the changes in law made by Section 30 of this Act
6-58     and Sections 621.506 and 621.507, Transportation Code, as amended
6-59     by this Act, apply only to an offense committed on or after
6-60     September 1, 2001; and
6-61                 (2)  an offense under Section 621.506 or 621.507,
6-62     Transportation Code, or under a law repealed by Section 30 of this
6-63     Act, that was committed before September 1, 2001, is covered by the
6-64     law as it existed immediately before the effective date of this
6-65     Act, and the former law is continued in effect for that purpose.
6-66           (c)  The sanctions provided by Subdivisions (2) and (3),
6-67     Subsection (b), Section 621.506, Transportation Code, as amended by
6-68     this Act, for an offense under Subsection (a), Section 621.506,
6-69     Transportation Code, that involves a vehicle carrying a
 7-1     nondivisible load and having a single axle weight or a tandem axle
 7-2     weight that is heavier than the vehicle's allowable weight, take
 7-3     effect September 1, 2003.
 7-4                                  * * * * *