SRC-LBB S.B. 488 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 488
78R1843 JTS-FBy: Ogden
Infrastructure Development and Security
4/10/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature made changes to the overweight vehicle laws
with the passage of S.B. 888 and S.B. 889.  As proposed, S.B. 488
clarifies that the Texas Department of Public safety can assess penalties
for overweight trucks on roads that have weight limits set by Texas
Transportation Commission or a county commissioners court.  This bill also
repeals the statute that allows vehicle owners to shift their loads to
reduce the weight prior to being assessed a penalty. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 621.102, Transportation Code, by adding
Subsection (i) to prohibit a person from operating a vehicle or
combination of vehicles on a road for which the Texas Transportation
Commission (TTC) has established a maximum weight under this section if
the weight of the vehicle or combination of vehicles exceeds the maximum
weight established by the TTC, except as provided by Subsection (e). 

SECTION 2.  Amends Section 621.301, Transportation Code, by adding
Subsection (f) to prohibit a person to operate a vehicle or combination of
vehicles on a road for which the commissioners court of a county has
established a maximum weight established by the commissioners court,
except as provided by Subsection (e). 

SECTION 3.  Amends Section 621.506(a), Transportation Code, to add
Sections 621.102 and 621.301 to the list of sections under which a person
commits an offense if the person operates a vehicle or combination of
vehicles in violation of a section. 

SECTION 4.  Amends Section 623.019(c), Transportation Code, to include
single axle weight and tandem axle weight in regards to a vehicle's
weight.  Makes conforming changes. 

SECTION 5.  Repealer:  Section 621.402(c) (Weighing Loaded Vehicle),
Transportation Code. 

SECTION 6.  Effective date:  September 1, 2003.