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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of vehicles transporting milk; |
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authorizing a fee. |
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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. 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 VEHICLES TRANSPORTING MILK. (a) |
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The department shall issue a permit that authorizes the operation |
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of a vehicle or combination of vehicles used to transport milk at a |
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gross weight that is not heavier than 90,000 pounds. |
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(b) To qualify for a permit under this section, a permit fee |
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of $500 must be paid, except as provided by Subsection (f). |
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(c) 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 (f); 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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(d) 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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(e) 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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(f) 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 (b) 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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(g) 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 vehicle described by Subsection (a) in addition |
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to a permit, fee, or license required by state law. |
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(h) A vehicle described by Subsection (a) may operate on a |
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state, county, or municipal road, including a load-zoned county |
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road or a frontage road adjacent to a federal interstate highway, if |
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the vehicle displays a sticker required by Subsection (d) and does |
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not exceed the maximum gross weight authorized under Subsection |
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(a). |
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(i) For the purposes of Subsection (j), 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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(j) 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 (i) according to department rule. |
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(k) At least once each fiscal year, the comptroller shall |
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send the amount due each county under Subsection (j) 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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(l) This section does not authorize the operation on the |
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national system of interstate and defense highways in this state of |
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a vehicle of a size or weight greater than those permitted under 23 |
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U.S.C. Section 127. |
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(m) 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 4. This Act takes effect September 1, 2015. |