By: Rodriguez (Senate Sponsor - Nichols) H.B. No. 3309
         (In the Senate - Received from the House May 4, 2011;
  May 5, 2011, read first time and referred to Committee on
  Transportation and Homeland Security; May 17, 2011, reported
  favorably by the following vote:  Yeas 6, Nays 0; May 17, 2011, sent
  to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority to set maximum weights for state
  highways, roads, and bridges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 621.102, Transportation Code, is amended
  to read as follows:
         Sec. 621.102.  [COMMISSION'S] AUTHORITY TO SET MAXIMUM
  WEIGHTS.  (a)  The director [commission] may set the maximum single
  axle weight, tandem axle weight, or gross weight of a vehicle, or
  maximum single axle weight, tandem axle weight, or gross weight of a
  combination of vehicles and loads, that may be moved over a state
  highway or a farm or ranch road if the director [commission] finds
  that heavier maximum weight would rapidly deteriorate or destroy
  the road or a bridge or culvert along the road. A maximum weight set
  under this subsection may not exceed the maximum set by statute for
  that weight.
         (b)  [The commission must set a maximum weight under this
  section by order entered in its minutes.
         [(c)]  The director [commission] must make the finding under
  this section on an engineering and traffic investigation and in
  making the finding shall consider the width, condition, and type of
  pavement structures and other circumstances on the road.
         (c) [(d)]  A maximum weight or load set under this section
  becomes effective on a highway or road when appropriate signs
  giving notice of the maximum weight or load are erected on the
  highway or road [under order of the commission].
         (d) [(e)]  A vehicle operating under a permit issued under
  Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181,
  623.192, or 623.212 may operate under the conditions authorized by
  the permit over a road for which the director [commission] has set a
  maximum weight under this section.
         (e) [(f)]  For the purpose of this section, a farm or ranch
  road is a state highway that is shown in the records of the
  commission to be a farm-to-market or ranch-to-market road.
         (f) [(g)]  This section does not apply to a vehicle
  delivering groceries, farm products, or liquefied petroleum gas.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
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