BILL ANALYSIS |
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C.S.H.B. 2862 |
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By: King, Ken |
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Transportation |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties have expressed concerns regarding the long distances tractor-trailer combinations transporting fluid milk must travel between dairies and fluid milk processing facilities and note that those tractor-trailers can now carry heavier loads of fluid milk because of manufacturing advances. C.S.H.B. 2862 seeks to address this situation by authorizing the issuance of a permit authorizing the movement of fluid milk by a truck-tractor and semitrailer combination that, in addition to other criteria, is not heavier than 90,000 pounds.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Motor Vehicles and the Department of Public Safety in SECTION 2 of this bill.
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ANALYSIS
C.S.H.B. 2862 amends the Transportation Code to authorize the Texas Department of Motor Vehicles (TxDMV) to issue a permit authorizing the movement of fluid milk by a truck-tractor and semitrailer combination that has six total axles and is equipped with a roll stability support safety system and truck blind spot systems at a gross weight that is not heavier than 90,000 pounds and with axle weights that comply with statutory axle weight requirements. The bill prescribes the conditions under which a vehicle combination operating under the permit may exceed the maximum statutory axle weights for a two-axle group and a three-axle group and establishes that a certain affirmative defense to prosecution of, or an action for the enforcement of maximum vehicle size and weight for, the offense of operating a vehicle over the maximum allowable axle weight does not apply to these authorized excess weights. The bill requires a permit fee of $1,200 to be paid to qualify for the permit, makes the permit valid for one year, and requires the permit to be carried in the truck-tractor for which it is issued.
C.S.H.B. 2862 requires TxDMV, when issuing such a permit to transport fluid milk, to issue a permit sticker to be placed on the front windshield of the truck-tractor and requires TxDMV to design the form of the sticker to aid in the enforcement of weight limits for vehicles. The bill requires the sticker to indicate the permit's expiration date and to be removed from the truck‑tractor when the permit expires, when a lease of the truck-tractor expires, or when the truck‑tractor is sold. The bill requires an applicant for the permit to designate in the permit application the counties in which the applicant intends to operate and establishes that an issued permit is not valid in a county that is not designated in the permit application. The bill requires 75 percent of the amount of the fee collected for the permit to be deposited to the credit of the state highway fund, 15 percent of the amount collected to be divided equally among and distributed to the counties designated in the permit application, and 10 percent of the amount collected to be deposited to the credit of the TxDMV fund. The bill requires the comptroller of public accounts, at least once each fiscal year, to send the amount due each county for the fee to the county treasurer or officer performing the function of that office for deposit to the credit of the county road and bridge fund.
C.S.H.B. 2862 authorizes a vehicle combination operating under a permit to transport fluid milk to operate on a federal interstate highway or a state, county, or municipal road, including a frontage road adjacent to a federal interstate highway, if the truck-tractor displays the required sticker and the vehicle combination does not exceed the maximum axle or gross weight applicable to the combination under the terms of the permit. The bill establishes that a permit to transport fluid milk authorizes the operation of a truck-tractor and semitrailer combination only on highways and roads approved by the Texas Department of Transportation (TxDOT). The bill establishes that a permit to transport fluid milk does not authorize the operation of a truck-tractor and semitrailer combination on a county road or bridge for which a maximum weight and load limit has been established by a county commissioners court and posted. The bill prohibits a county or municipality, unless otherwise provided by state or federal law, from requiring a permit, fee, or license for the operation of a vehicle combination to which a permit to transport fluid milk applies in addition to a permit, fee, or license required by state law. The bill establishes that a permit to transport fluid milk issued under the bill's provisions is the only permit issued by TxDMV that may be used to transport fluid milk. The bill requires TxDMV to adopt rules necessary to implement the bill's provisions regarding vehicles transporting fluid milk and requires the Department of Public Safety to adopt rules requiring additional safety and driver training for a permit to transport fluid milk. The bill includes such a permit among the permits for which TxDOT is required to provide TxDMV with all routing information necessary for completion. |
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EFFECTIVE DATE
January 1, 2018.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2862 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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