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A BILL TO BE ENTITLED
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AN ACT
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relating to the movement of special use vehicles on public |
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highways; authorizing a fee; adding provisions subject to a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.102(d), Transportation Code, is |
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amended to read as follows: |
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(d) A vehicle operating under a permit issued under Section |
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623.011, 623.0172, 623.071, 623.094, 623.121, 623.142, 623.181, |
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623.192, or 623.212 may operate under the conditions authorized by |
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the permit over a road for which the executive director of the Texas |
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Department of Transportation has set a maximum weight under this |
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section. |
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SECTION 2. Section 621.301(e), Transportation Code, is |
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amended to read as follows: |
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(e) A vehicle operating under a permit issued under Section |
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623.011, 623.0172, 623.071, 623.094, 623.121, 623.142, 623.181, |
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623.192, or 623.212 may operate under the conditions authorized by |
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the permit over a road for which the commissioners court has set a |
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maximum weight under this section. |
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SECTION 3. Sections 621.506(a), (b), and (g), |
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Transportation Code, are amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) operates a vehicle or combination of vehicles in |
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violation of Section 621.101, 622.012, 622.031, 622.041, 622.0435, |
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622.051, 622.061, 622.133, 622.151, 622.953, or 623.162; or |
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(2) loads a vehicle or causes a vehicle to be loaded in |
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violation of Section 621.503. |
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(b) Except as provided by Subsections (b-1), (b-2), and |
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(b-3), an offense under this section is a misdemeanor punishable: |
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(1) by a fine of not less than $100 and not more than |
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$250; |
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(2) on conviction of an offense involving a vehicle |
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having a single axle weight, [or] tandem axle weight, triple axle |
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weight, or quad axle weight that is heavier than the vehicle's |
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allowable weight, by a fine according to the following schedule: |
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Pounds Overweight |
Fine Range |
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less than 2,500 |
$100 to $500 |
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2,500-5,000 |
$500 to $1,000 |
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more than 5,000 |
$1,000 to $2,500; or |
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(3) on conviction of an offense involving a vehicle |
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having a gross weight that is heavier than the vehicle's allowable |
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weight, by a fine according to the following schedule: |
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Pounds Overweight |
Fine Range |
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less than 2,500 |
$100 to $500 |
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2,500-5,000 |
$500 to $1,000 |
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5,001-10,000 |
$1,000 to $2,500 |
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10,001-20,000 |
$2,500 to $5,000 |
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20,001-40,000 |
$5,000 to $7,000 |
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more than 40,000 |
$7,000 to $10,000. |
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(g) Except as provided by Subsection (h), a governmental |
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entity that collects a fine under this section for an offense |
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involving a vehicle having a single axle weight, tandem axle |
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weight, triple axle weight, quad axle weight, or gross weight that |
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is more than 5,000 pounds heavier than the vehicle's allowable |
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weight shall send an amount equal to 50 percent of the fine to the |
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comptroller in the manner provided by Subchapter B, Chapter 133, |
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Local Government Code. |
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SECTION 4. Chapter 622, Transportation Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. SPECIAL USE VEHICLES |
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Sec. 622.151. AXLE WEIGHT RESTRICTIONS. (a) In this |
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section, "special use vehicle" means a self-propelled |
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well-servicing unit. |
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(b) A special use vehicle may be operated on a public |
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highway of this state only if: |
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(1) the quad axle weight is not heavier than 120,000 |
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pounds; |
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(2) the triple axle weight is not heavier than 90,000 |
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pounds; |
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(3) the tandem axle weight is not heavier than 65,000 |
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pounds; and |
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(4) the single axle weight is not heavier than 30,000 |
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pounds. |
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(c) A special use vehicle may be operated at a weight that |
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exceeds the maximum single axle, tandem axle, triple axle, or quad |
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axle weight limitation by not more than 10 percent if the gross |
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weight is not heavier than 135,000 pounds and the department has |
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issued a permit that authorizes the operation of the vehicle under |
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Section 623.0172. |
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Sec. 622.152. INTERSTATE AND DEFENSE HIGHWAYS. (a) This |
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subchapter does not authorize the operation on the national system |
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of interstate and defense highways in this state of a vehicle of a |
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size or weight greater than those permitted under 23 U.S.C. Section |
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127. |
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(b) If the United States authorizes the operation on the |
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national system of interstate and defense highways of a vehicle of a |
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size or weight greater than those permitted under 23 U.S.C. Section |
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127 on September 1, 2015, the new limit automatically takes effect |
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on the national system of interstate and defense highways in this |
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state. |
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SECTION 5. Subchapter B, Chapter 623, Transportation Code, |
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is amended by adding Section 623.0172 to read as follows: |
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Sec. 623.0172. PERMIT FOR SPECIAL USE VEHICLE. (a) In this |
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section, "special use vehicle" has the meaning assigned by Section |
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622.151. |
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(b) The department may issue a permit that authorizes the |
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operation of a special use vehicle with not more than six axles. |
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(c) To qualify for a permit under this section, a base |
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permit fee of $1,000 must be paid, except as provided by Subsection |
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(g). |
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(d) A permit issued under this section: |
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(1) is valid for one year, except as provided by |
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Subsection (g); and |
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(2) must be carried in the vehicle for which it is |
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issued. |
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(e) When the department issues a permit under this section, |
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the department shall issue a sticker to be placed on the front |
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windshield of the vehicle. The department shall design the form of |
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the sticker to aid in the enforcement of weight limits for vehicles. |
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(f) The sticker must: |
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(1) indicate the expiration date of the permit; and |
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(2) be removed from the vehicle when: |
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(A) the permit for operation of the vehicle |
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expires; |
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(B) a lease of the vehicle expires; or |
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(C) the vehicle is sold. |
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(g) The department may issue a permit under this section |
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that is valid for a period of less than one year. The department |
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shall prorate the applicable fee required by Subsection (c) for a |
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permit issued under this subsection as necessary to reflect the |
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term of the permit. |
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(h) Unless otherwise provided by state or federal law, a |
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county or municipality may not require a permit, fee, or license for |
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the operation of a special use vehicle in addition to a permit, fee, |
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or license required by state law. |
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(i) Unless otherwise provided by state or federal law, a |
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special use vehicle may operate on a state, county, or municipal |
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road, including a load-zoned county road or a frontage road |
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adjacent to a federal interstate highway, if the vehicle displays a |
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sticker required by Subsection (e) and does not exceed the maximum |
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gross weight authorized under Section 622.151. |
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(j) For the purposes of Subsection (k), the department by |
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rule shall require an applicant to designate in the permit |
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application the counties in which the applicant intends to operate. |
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(k) Of the fee collected under this section for a permit: |
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(1) 50 percent of the amount collected shall be |
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deposited to the credit of the state highway fund; and |
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(2) the other 50 percent shall be divided among and |
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distributed to the counties designated in permit applications under |
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Subsection (j) according to department rule. |
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(l) At least once each fiscal year, the comptroller shall |
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send the amount due each county under Subsection (k) to the county |
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treasurer or officer performing the function of that office for |
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deposit to the credit of the county road and bridge fund. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |