84R10639 JRR-F

By: Phillips H.B. No. 2592

A BILL TO BE ENTITLED

AN ACT

relating to the operation of ready-mixed concrete trucks on public roadways in this state; modifying provisions subject to a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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, 623.0171, 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.

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, 623.0171, 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.

SECTION 3. The heading to Section 622.011, Transportation Code, is amended to read as follows:

Sec. 622.011. DEFINITIONS [DEFINITION]; DESIGNATION AS PERISHABLE.

SECTION 4. Section 622.011(a), Transportation Code, is amended to read as follows:

(a) In this subchapter:

(1) "Permissible axle weight tolerance" means, for each axle, an axle weight that does not exceed the applicable axle weight limitation provided in Section 622.012(a) by more than 10 percent.

(2) "Permissible gross weight tolerance" means a gross weight that does not exceed the applicable gross weight limitation provided in Section 622.012(b) by more than five percent.

(3) "Ready-mixed [, "ready-mixed] concrete truck" means:

(A) [(1)] a vehicle designed exclusively to transport or manufacture ready-mixed concrete and includes a vehicle designed exclusively to transport and manufacture ready-mixed concrete; [or]

(B) [(2)] a concrete pump truck; or

(C) a volumetric ready-mixed concrete truck.

SECTION 5. Section 622.012, Transportation Code, is amended to read as follows:

Sec. 622.012. AXLE AND GROSS WEIGHT RESTRICTIONS. (a) Except as provided by Subsection (c), a [A] ready-mixed concrete truck may be operated on a public highway of this state only if:

(1) the tandem axle weight is not heavier than 46,000 pounds;

(2) [and] the single axle weight is not heavier than 23,000 pounds;

(3) the weight of any axle added behind the frame of the truck is not heavier than 12,000 pounds; and

(4) the weight of any axle added below the frame of the truck is not heavier than 8,000 pounds.

(b) Except as provided by Subsection (c), the gross weight of a ready-mixed concrete truck may not exceed:

(1) 69,000 pounds if the truck has three axles;

(2) 70,100 pounds if the truck has four axles;

(3) 70,500 pounds if the truck has five axles;

(4) 75,500 pounds if the truck has six axles; or

(5) 80,000 pounds if the truck has more than six axles.

(c) A ready-mixed concrete truck may be operated within the permissible axle weight tolerance and permissible gross weight tolerance if [at a weight that exceeds the maximum single axle or tandem axle weight limitation by not more than 10 percent if the gross weight is not heavier than 69,000 pounds and] the department has issued a permit that authorizes the operation of the vehicle under Section 623.0171, provided that a permit issued under Section 623.0171 may not authorize the gross weight of a ready-mixed concrete truck to exceed the permissible gross weight tolerance.

(d) The operation of a ready-mixed concrete truck in excess of the permissible gross weight tolerance does not invalidate the permissible axle weight tolerance authorized by a permit issued under Section 623.0171.

SECTION 6. Section 623.0113, Transportation Code, is amended to read as follows:

Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided by Subsection (b), a permit issued under Section 623.011 or 623.0171 does not authorize the operation of a vehicle on:

(1) the national system of interstate and defense highways in this state if the weight of the vehicle is greater than authorized by federal law; or

(2) a bridge for which a maximum weight and load limit has been established and posted by the Texas Transportation Commission under Section 621.102 or the commissioners court of a county under Section 621.301, if the gross weight of the vehicle and load or the axles and wheel loads are greater than the limits established and posted under those sections.

(b) The restrictions under Subsection (a)(2) do not apply if a bridge described by Subsection (a)(2) provides the only public vehicular access from an origin or to a destination by a holder of a permit issued under Section 623.011 or 623.0171.

SECTION 7. Sections 623.0171(b), (h), (i), and (j), Transportation Code, are amended to read as follows:

(b) The department may issue a permit that authorizes the operation of a ready-mixed concrete truck in the manner prescribed by Section 622.012(c) [with three axles].

(h) A [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 ready-mixed concrete truck in addition to a permit, fee, or license required by state law.

(i) Sections 622.014 and [Section] 622.015 do [does] not apply to an owner of a ready-mixed concrete truck who holds a permit under this section for the truck.

(j) A [Unless otherwise provided by state or federal law, a] ready-mixed concrete truck 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 truck displays a sticker required by Subsection (e) and does not exceed the maximum gross weight authorized under Section 622.012.

SECTION 8. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 9. 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.