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 * * * * *