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A BILL TO BE ENTITLED
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AN ACT
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relating to the movement of vehicles transporting sealed ocean |
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cargo shipping containers; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. SEALED OCEAN CARGO SHIPPING CONTAINERS. (a) |
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In this section, "sealed ocean cargo shipping container" means an |
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enclosed, standardized, reusable container that: |
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(1) is used to pack, ship, move, or transport cargo; |
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(2) is designed to be carried on a trailer or |
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semitrailer and loaded onto or unloaded from: |
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(A) a vessel for international transportation; |
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or |
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(B) a rail system for international |
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transportation; and |
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(3) when combined with vehicles transporting the |
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container, has a gross weight or axle weight that exceeds the limits |
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allowed by this subtitle. |
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(b) Except as provided by Subsection (k), the department |
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shall issue an annual permit for the movement of a sealed ocean |
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cargo shipping container moving in international commerce on a |
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trailer or semitrailer with three axles if the combination of |
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vehicles transporting the container is equipped with a roll |
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stability support safety system and truck blind spot systems and |
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has: |
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(1) a single axle weight of not more than 20,000 |
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pounds; |
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(2) a tandem axle weight of not more than 34,000 |
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pounds; |
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(3) a tri-axle weight of not more than 51,000 pounds; |
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and |
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(4) a gross weight of not more than 95,000 pounds. |
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(c) The department shall restrict vehicles operating under |
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a permit issued under this section to routes that are: |
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(1) located in a county with a population of more than |
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90,000; |
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(2) on highways in the state highway system; and |
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(3) not more than five miles from the border between |
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this state and Arkansas. |
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(d) A sealed ocean cargo shipping container being moved |
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under a permit issued under this section must be continuously |
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sealed from the point of origin to the point of destination with a |
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seal that is required by: |
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(1) the United States Customs and Border Protection; |
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(2) the United States Food and Drug Administration; or |
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(3) federal law or regulation. |
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(e) A permit issued under this section does not authorize |
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the operation of a vehicle combination described by Subsection (b) |
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on: |
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(1) load-restricted roads or bridges, including a road |
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or bridge for which a maximum weight and load limit has been |
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established and posted by the Texas Department of Transportation |
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under Section 621.102; or |
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(2) routes for which the Texas Department of |
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Transportation has not authorized the operation of a vehicle |
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combination described by Subsection (b). |
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(f) A permit issued under this subchapter does not authorize |
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the transportation of a material designated as of January 1, 2017, |
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as a hazardous material by the United States secretary of |
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transportation under 49 U.S.C. Section 5103(a). |
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(g) An applicant for a permit under this section must |
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designate each Texas Department of Transportation district in which |
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the permit will be used. |
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(h) The department shall initially set the fee for a permit |
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issued under this section in an amount not to exceed $2,000. |
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Beginning in 2022, on September 1 of each even-numbered year the |
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department shall set the fee for a permit issued under this section |
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in an amount based on a reasonable estimate of the costs associated |
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with the operation of vehicles issued a permit under this section |
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over routes described by Subsection (c), including any increase in |
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the costs necessary to maintain or repair those highways. The |
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estimate shall be based on the results of the study conducted under |
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Subsection (l). |
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(i) Of the fee collected under this section for a permit: |
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(1) 85 percent shall be deposited to the credit of the |
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state highway fund; |
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(2) 10 percent shall be deposited to the credit of the |
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Texas Department of Motor Vehicles fund; and |
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(3) 5 percent shall be deposited to the general |
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revenue fund. |
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(j) A fee deposited under Subsection (i)(1) may only be used |
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for transportation projects in the Texas Department of |
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Transportation district designated in the permit application for |
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which the fee was assessed. A fee deposited under Subsection (i)(3) |
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may only be used to offset the cost of the study conducted under |
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Subsection (l). |
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(k) The department may suspend a permit issued under this |
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section if the department receives notice from the Federal Highway |
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Administration that the operation of a vehicle under a permit |
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authorized by this section would result in the loss of federal |
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highway funding. |
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(l) Beginning in 2022, not later than September 1 of each |
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even-numbered year, the Texas Department of Transportation shall |
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conduct a study concerning vehicles operating under a permit issued |
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under this section and publish the results of the study. In |
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conducting the study, the Texas Department of Transportation shall |
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collect and examine the following information: |
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(1) the weight and configuration of vehicles operating |
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under a permit under this section that are involved in a motor |
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vehicle accident; |
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(2) the types of vehicles operating under a permit |
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issued under this section; |
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(3) traffic volumes and variations of vehicles |
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operating under a permit issued under this section; |
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(4) weigh-in-motion data for highways located in and |
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around the area described by Subsection (c); |
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(5) impacts to state and local bridges, including |
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long-term bridge performance, for bridges located in and around the |
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area described by Subsection (c); and |
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(6) impacts to state and local roads, including |
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changes in pavement design standards, construction specification |
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details, maintenance frequency and types, and properties of |
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pavement and underlying soils resulting from or necessitated by |
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vehicles operating under a permit issued under this section. |
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SECTION 2. This Act takes effect September 1, 2017. |