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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
621.102(d), Transportation Code, is amended to read as follows:
(d) A vehicle operating
under a permit issued under Section 623.011, 623.0172, 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 executive
director of the Texas Department of Transportation has set a maximum weight
under this section.
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No
equivalent provision.
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SECTION 2. Section
621.301(e), Transportation Code, is amended to read as follows:
(e) A vehicle operating
under a permit issued under Section 623.011, 623.0172, 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
commissioners court has set a maximum weight under this section.
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No
equivalent provision.
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SECTION 3. Sections
621.506(a), (b), and (g), Transportation Code, are amended to read as
follows:
(a) A person commits an
offense if the person:
(1) operates a vehicle or
combination of vehicles in violation of Section 621.101, 622.012, 622.031,
622.041, 622.0435, 622.051, 622.061, 622.133, 622.151, 622.953, or
623.162; or
(2) loads a vehicle or
causes a vehicle to be loaded in violation of Section 621.503.
(b) Except as provided by
Subsections (b-1), (b-2), and (b-3), an offense under this section is a
misdemeanor punishable:
(1) by a fine of not less
than $100 and not more than $250;
(2) on conviction of an
offense involving a vehicle having a single axle weight, [or]
tandem axle weight, triple axle weight, or quad axle weight that is
heavier than the vehicle's allowable weight, by a fine according to the
following schedule:
Pounds Overweight Fine
Range
less than 2,500 $100
to $500
2,500-5,000 $500
to $1,000
more than 5,000 $1,000
to $2,500; or
(3) on conviction of an
offense involving a vehicle having a gross weight that is heavier than the
vehicle's allowable weight, by a fine according to the following schedule:
Pounds Overweight Fine
Range
less than 2,500 $100
to $500
2,500-5,000 $500
to $1,000
5,001-10,000 $1,000
to $2,500
10,001-20,000 $2,500
to $5,000
20,001-40,000 $5,000
to $7,000
more than 40,000 $7,000
to $10,000.
(g) Except as provided by
Subsection (h), a governmental entity that collects a fine under this
section for an offense involving a vehicle having a single axle weight,
tandem axle weight, triple axle weight, quad axle weight, or gross
weight that is more than 5,000 pounds heavier than the vehicle's allowable
weight shall send an amount equal to 50 percent of the fine to the
comptroller in the manner provided by Subchapter B, Chapter 133, Local
Government Code.
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No
equivalent provision.
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SECTION 4. Chapter 622,
Transportation Code, is amended by adding Subchapter K to read as follows:
SUBCHAPTER K. SPECIAL USE
VEHICLES
Sec. 622.151. AXLE WEIGHT
RESTRICTIONS. (a) In this section, "special use vehicle" means
a self-propelled well-servicing unit.
(b) A special use vehicle
may be operated on a public highway of this state only if:
(1) the quad axle weight
is not heavier than 120,000 pounds;
(2) the triple axle
weight is not heavier than 90,000 pounds;
(3) the tandem axle weight
is not heavier than 65,000 pounds; and
(4) the single axle
weight is not heavier than 30,000 pounds.
(c) A special use vehicle
may be operated at a weight that exceeds the maximum single axle, tandem
axle, triple axle, or quad axle weight limitation by not more than 10
percent if the gross weight is not heavier than 135,000 pounds and the
department has issued a permit that authorizes the operation of the vehicle
under Section 623.0172.
Sec. 622.152. INTERSTATE
AND DEFENSE HIGHWAYS. (a) This subchapter does not authorize the
operation on the national system of interstate and defense highways in this
state of a vehicle of a size or weight greater than those permitted under
23 U.S.C. Section 127.
(b) If the United States
authorizes the operation on the national system of interstate and defense
highways of a vehicle of a size or weight greater than those permitted
under 23 U.S.C. Section 127 on September 1, 2015, the new limit
automatically takes effect on the national system of interstate and defense
highways in this state.
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No
equivalent provision.
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SECTION 5. Subchapter B,
Chapter 623, Transportation Code, is amended by adding Section 623.0172 to
read as follows:
Sec. 623.0172. PERMIT FOR
SPECIAL USE VEHICLE. (a) In this section, "special use vehicle"
has the meaning assigned by Section 622.151.
(b) The department may
issue a permit that authorizes the operation of a special use vehicle with
not more than six axles.
(c) To qualify for a
permit under this section, a base permit fee of $1,000 must be paid, except
as provided by Subsection (g).
(d) A permit issued under
this section:
(1) is valid for one
year, except as provided by Subsection (g); and
(2) must be carried in
the vehicle for which it is issued.
(e) When the department
issues a permit under this section, the department shall issue a sticker to
be placed on the front windshield of the vehicle. The department shall
design the form of the sticker to aid in the enforcement of weight limits
for vehicles.
(f) The sticker must:
(1) indicate the
expiration date of the permit; and
(2) be removed from the
vehicle when:
(A) the permit for
operation of the vehicle expires;
(B) a lease of the
vehicle expires; or
(C) the vehicle is sold.
(g) The department may
issue a permit under this section that is valid for a period of less than
one year. The department shall prorate the applicable fee required by
Subsection (c) for a permit issued under this subsection as necessary to
reflect the term of the permit.
(h) Unless otherwise
provided by state or federal law, a county or municipality may not require
a permit, fee, or license for the operation of a special use vehicle in
addition to a permit, fee, or license required by state law.
(i) Unless otherwise
provided by state or federal law, a special use vehicle may operate on a
state, county, or municipal road, including a load-zoned county road or a
frontage road adjacent to a federal interstate highway, if the vehicle
displays a sticker required by Subsection (e) and does not exceed the
maximum gross weight authorized under Section 622.151.
(j) For the purposes of
Subsection (k), the department by rule shall require an applicant to
designate in the permit application the counties in which the applicant
intends to operate.
(k) Of the fee collected
under this section for a permit:
(1) 50 percent of the
amount collected shall be deposited to the credit of the state highway
fund; and
(2) the other 50 percent
shall be divided among and distributed to the counties designated in permit
applications under Subsection (j) according to department rule.
(l) At least once each
fiscal year, the comptroller shall send the amount due each county under
Subsection (k) to the county treasurer or officer performing the function
of that office for deposit to the credit of the county road and bridge
fund.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Section 623.145,
Transportation Code, is amended by amending Subsection (a) and adding
Subsections (c) and (d) to read as follows:
(a) The board, in
consultation with the commission, by rule shall provide for the issuance of
permits under this subchapter. The rules must include each matter the
board and commission determine necessary to implement this subchapter and:
(1) requirements for forms
and procedures used in applying for a permit;
(2) conditions with regard
to route and time of movement;
(3) requirements for flags,
flaggers, and warning devices;
(4) a determination
regarding whether the department will issue a sticker to be placed on the vehicle
to indicate the issuance of the permit;
(5) the fee for a
permit; and
(6) [(5)]
standards to determine whether a permit is to be issued for one trip only
or for a period established by the commission.
(c) In addition to any
other permits established by rule under this subchapter, the board shall
adopt a rule authorizing an annual permit for a vehicle with a maximum
gross weight of more than 80,000 pounds. The annual permit must specify
the permitted axle weight for the vehicle and the permitted gross weight
for the vehicle, which may not exceed 135,000 pounds. The fee for the
annual permit may not exceed $2,000.
(d) The axle weight and
gross weight allowed under an annual permit authorized under Subsection (c)
may not exceed the maximum allowable weight provided by board rule for the
vehicle, plus a tolerance allowance of:
(1) five percent of the
allowable axle weight; and
(2) five percent of the
allowable gross weight, except that the sum of the maximum gross weight for
the vehicle and the gross weight tolerance may not exceed 135,000 pounds.
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SECTION 6. 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,
2015.
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SECTION 2. This Act takes
effect September 1, 2015.
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