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By:  Jones of Lubbock, et al. (Senate Sponsor-Duncan)             H.B. No. 749
	(In the Senate - Received from the House April 4, 2005; 
April 6, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 3, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 6, Nays 0; May 3, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 749                                    By:  Brimer


A BILL TO BE ENTITLED

AN ACT


relating to size and weight limitations for certain vehicles 
transporting agricultural products and equipment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 504.505(a), Transportation Code, is 
amended to read as follows:
	(a)  The department shall issue specialty license plates for 
a single motor vehicle that is:
		(1)  used only to transport chile pepper modules, seed 
cotton [modules], cotton, cotton burrs, or equipment used in 
transporting or processing chile peppers or cotton; and
		(2)  not more than 10 feet in width.                                          
	SECTION 2.  Section 522.003, Transportation Code, is amended 
by adding Subdivision (24-a) to read as follows:
		(24-a)  "Seed cotton module" means compacted seed 
cotton in any form.
	SECTION 3.  Subchapter I, Chapter 622, Transportation Code, 
is amended to read as follows:
	SUBCHAPTER I. VEHICLES TRANSPORTING CERTAIN AGRICULTURAL PRODUCTS 
[COTTON] OR [COTTON PROCESSING] EQUIPMENT
	Sec. 622.101.  VEHICLE TRANSPORTING CERTAIN AGRICULTURAL 
PRODUCTS [COTTON] OR PROCESSING EQUIPMENT.  (a)  A single motor 
vehicle used exclusively to transport chile pepper modules, seed 
cotton [modules], cotton, cotton burrs, or equipment used to 
transport or process chile pepper modules or cotton, including a 
motor vehicle or burr spreader, may not be operated on a highway or 
road if the vehicle is:
		(1)  wider than 10 feet and the highway has not been 
designated by the commission under Section 621.202 [if the vehicle 
is registered under Section 502.277];
		(2)  longer than 48 feet;  or                                                 
		(3)  higher than 14 feet 6 inches.                                            
	(b)  A motor vehicle that transports agricultural products 
under this section must be registered under Section 504.505.
	SECTION 4.  Section 622.953, Transportation Code, is amended 
to read as follows:
	Sec. 622.953.  VEHICLE TRANSPORTING SEED COTTON OR CHILE 
PEPPER MODULES. (a)  The weight limitations of Section 621.101 do 
not apply to a single motor vehicle used exclusively to transport 
chile pepper modules, seed cotton, or equipment, including a motor 
vehicle, used to transport or process chile pepper modules or seed 
cotton [modules].
	(b)  The overall gross weight of a single motor vehicle used 
to transport seed cotton or equipment used to transport or process 
seed cotton [to which this section applies] may not be heavier than 
59,400 pounds.
	(c)  The overall gross weight of a single motor vehicle used 
to transport chile pepper modules or equipment used to transport or 
process chile pepper modules may not be heavier than 54,000 pounds.
	(d)  The owner of a single motor vehicle to which this 
section applies that has a gross weight above the gross weight 
authorized by this section that is applicable to the vehicle [of 
more than 59,400 pounds] is liable to the state, county, or 
municipality for any damage to a highway, street, road, or bridge 
caused by the weight of the load.
	(e) [(d)]  A vehicle to which this section applies may not be 
operated on the national system of interstate and defense highways 
if the vehicle exceeds the maximum weight authorized by 23 U.S.C. 
Section 127, as amended.
	SECTION 5.  Section 644.052(c), Transportation Code, is 
amended to read as follows:
	(c)  A rule adopted under this chapter may not apply to a 
vehicle that is operated intrastate and that is:
		(1)  a machine generally consisting of a mast, engine, 
draw works, and chassis permanently constructed or assembled to be 
used and used in oil or water well servicing or drilling;
		(2)  a mobile crane that is an unladen, self-propelled 
vehicle constructed as a machine to raise, shift, or lower weight; 
or
		(3)  a vehicle transporting [a] seed cotton [module].
	SECTION 6.  The changes in law made by this Act apply only to 
an offense committed on or after September 1, 2005. An offense 
committed before September 1, 2005, is covered by the law as it 
existed immediately before the effective date of this Act, and the 
former law is continued in effect for that purpose.
	SECTION 7.  This Act takes effect September 1, 2005.                           



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