By: Martinez H.B. No. 2620
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the movement of oversize or overweight vehicles,
  including the enforcement of motor vehicle size and weight
  limitations; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 541.001, Transportation Code, is amended
  by amending Subdivision (1) and adding Subdivision (1-a) to read as
  follows:
               (1)  "Escort flagger" has the meaning assigned by
  Section 623.008.
               (1-a) "Operator" means, as used in reference to a
  vehicle, a person who drives or has physical control of a vehicle.
         SECTION 2.  Section 542.501, Transportation Code, is amended
  to read as follows:
         Sec. 542.501.  OBEDIENCE REQUIRED TO POLICE OFFICERS, [AND
  TO] SCHOOL CROSSING GUARDS, AND ESCORT FLAGGERS. A person may not
  wilfully fail or refuse to comply with a lawful order or direction
  of:
               (1)  a police officer; [or]
               (2)  a school crossing guard who:
                     (A)  is performing crossing guard duties in a
  school crosswalk to stop and yield to a pedestrian; or
                     (B)  has been trained under Section 600.004 and is
  directing traffic in a school crossing zone; or
               (3)  an escort flagger who is directing or controlling
  the flow of traffic in accordance with a permit issued by the Texas
  Department of Motor Vehicles under Subtitle E for the movement of an
  oversize or overweight vehicle.
         SECTION 3.  Section 544.004(a), Transportation Code, is
  amended to read as follows:
         (a)  The operator of a vehicle or streetcar shall comply with
  an applicable official traffic-control device placed as provided by
  this subtitle unless the person is:
               (1)  otherwise directed by a traffic officer, [or]
  police officer, or escort flagger; or
               (2)  operating an authorized emergency vehicle and is
  subject to exceptions under this subtitle.
         SECTION 4.  The heading to Section 621.503, Transportation
  Code, is amended to read as follows:
         Sec. 621.503.  PROHIBITION OF LOADING MORE THAN SIZE OR
  WEIGHT LIMITATION.
         SECTION 5.  Sections 621.503(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  A person may not load, or cause to be loaded, a vehicle
  for operation on a public highway of this state that exceeds the
  height, width, length, or weight limitations for operation of that
  vehicle provided by this subtitle [Section 621.101].
         (b)  Intent to violate a weight limitation is presumed if the
  weight of the loaded vehicle is heavier than the applicable axle or
  gross weight limit by 15 percent or more.
         SECTION 6.  Subchapter G, Chapter 621, Transportation Code,
  is amended by adding Section 621.511 to read as follows:
         Sec. 621.511.  NAME ON PERMIT; OFFENSE. (a) A person
  commits an offense if:
               (1)  the person operates or moves on a public highway a
  vehicle that is issued a permit under this subtitle; and
               (2)  the person operating or moving the vehicle is not
  the person named on the permit for the vehicle or an employee of
  that person.
         (b)  An offense under this section is a Class C misdemeanor.
         (c)  It is an exception to the application of this section
  that:
               (1)  the vehicle being operated or moved is a
  combination of a tow truck and a disabled, abandoned, or
  accident-damaged vehicle or vehicle combination; and
               (2)  the tow truck is towing the other vehicle or
  vehicle combination directly to the nearest terminal, vehicle
  storage facility, or authorized place of repair.
         SECTION 7.  Subchapter Z, Chapter 622, Transportation Code,
  is amended by adding Section 622.956 to read as follows:
         Sec. 622.956.  OVER-THE-ROAD BUS.  (a)  In this section,
  "over-the-road bus" has the meaning assigned by 42 U.S.C. Section
  12181.
         (b)  An over-the-road bus may be operated on a public highway
  of this state only if the gross weight and tires of the bus conform
  to Section 621.101 and:
               (1)  the single axle weight is not heavier than 24,000
  pounds; or
               (2)  the tandem axle weight does not exceed the maximum
  tandem axle weight under Section 621.101 by more than 20 percent.
         (c)  An over-the-road bus may only operate under this
  subchapter on a highway or road approved by the department.
         SECTION 8.  Subchapter A, Chapter 623, Transportation Code,
  is amended by adding Sections 623.004, 623.005, 623.006, 623.007,
  and 623.008 to read as follows:
         Sec. 623.004.  DENIAL OF PERMIT. (a) The department may
  deny an application for a permit under this subtitle submitted by an
  applicant who:
               (1)  is the subject of an out-of-service order issued
  by the Federal Motor Carrier Safety Administration; or
               (2)  the Department of Public Safety has determined
  has:
                     (A)  an unsatisfactory safety rating under 49
  C.F.R. Part 385; or
                     (B)  multiple violations of Chapter 644, a rule
  adopted under that chapter, or Subtitle C.
         (b)  A denial of an application for a permit under this
  section is not required to be preceded by notice and an opportunity
  for hearing.
         (c)  An applicant may appeal a denial under this section by
  filing an appeal with the department not later than the 26th day
  after the date the department issues notice of the denial to the
  applicant.
         Sec. 623.005.  DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT
  OF MOTOR VEHICLES FUND. (a) This section applies only to a permit
  authorized by the legislature on or after September 1, 2019.
         (b)  Ten percent of the fee collected for a permit issued by
  the department under this subtitle shall be deposited to the credit
  of the Texas Department of Motor Vehicles fund with the remaining
  fee distribution to be adjusted proportionately, if needed.
         (c)  Subsection (b) does not apply if a provision of this
  subtitle expressly requires a different amount of a fee collected
  to be deposited to the credit of the Texas Department of Motor
  Vehicles fund.
         Sec. 623.006.  DISPOSITION AND USE OF PERMIT FEES DUE TO
  COUNTY OR MUNICIPALITY. Except as otherwise specified by this
  subtitle:
               (1)  at least once each fiscal year, the comptroller
  shall send from fees collected for a permit issued by the department
  under this chapter any amounts due to a county or municipality;
               (2)  amounts due to a county must be sent to the county
  treasurer or office performing the function of that office for
  deposit to the credit of the county road and bridge fund; and
               (3)  amounts due to a municipality must be sent to the
  office performing the function of treasurer for the municipality
  and may be used by the municipality only to fund commercial motor
  vehicle enforcement programs or road and bridge maintenance or
  infrastructure projects.
         Sec. 623.007.  PERMIT TO BE CARRIED IN VEHICLE. A permit
  issued by the department under this subtitle must be carried, in a
  manner prescribed by the department, in the vehicle that is being
  operated under the permit.
         Sec. 623.008.  AUTHORITY TO REQUIRE ESCORT FLAG VEHICLES AND
  ESCORT FLAGGERS. (a) In this section:
               (1)  "Escort flag vehicle" means a vehicle that
  precedes or follows an oversize or overweight vehicle operating
  under a permit issued by the department for the purpose of
  facilitating the safe movement of the oversize or overweight
  vehicle over roads. 
               (2)  "Escort flagger" means a person who:
                     (A)  has successfully completed a training
  program in traffic direction as defined by the basic peace officer
  course curriculum established by the Texas Commission on Law
  Enforcement; and
                     (B)  in accordance with a permit issued by the
  department under this subtitle, operates an escort flag vehicle or
  directs and controls the flow of traffic using a hand signaling
  device or an automated flagger assistance device. 
         (b)  In addition to any other specific requirement under this
  subtitle, the department may require a person operating under a
  permit issued by the department under this subtitle to use one or
  more escort flag vehicles and escort flaggers if required:
               (1)  by the Texas Department of Transportation; or 
               (2)  for the safe movement over roads of an oversize or
  overweight vehicle and its load.
         SECTION 9.  Section 623.0172(b), Transportation Code, is
  amended to read as follows:
         (b)  The department shall issue an annual permit for the
  international transportation of an intermodal shipping container
  moving 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 only if:
               (1)  the gross weight of the combination does not
  exceed 95,000 [93,000] pounds;
               (2)  the distance between the front axle of the
  truck-tractor and the last axle of the semitrailer, measured
  longitudinally, is approximately 647 inches;
               (3)  the truck-tractor is configured as follows:
                     (A)  one single axle that does not exceed 13,000
  pounds;
                     (B)  one two-axle group that does not exceed
  37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
  and
                     (C)  the distance between the individual axles on
  the two-axle group of the truck-tractor, measured longitudinally,
  is not less than 51 inches and not more than 52 inches; and
               (4)  the semitrailer is configured as follows:
                     (A)  one three-axle group that does not exceed
  49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
  and
                     (B)  the distance between the individual axles in
  the three-axle group of the semitrailer, measured longitudinally,
  is 60 inches.
         SECTION 10.  Section 623.099, Transportation Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  A county or municipality may not require the use of an
  escort flag vehicle or any other kind of escort for the movement of
  a manufactured house under a permit issued under this subchapter
  that is in addition to the escort flag vehicle requirements of this
  section.
         SECTION 11.  The heading to Section 623.272, Transportation
  Code, is amended to read as follows:
         Sec. 623.272.  ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
  CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
         SECTION 12.  Section 623.272(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may investigate and impose an
  administrative penalty on a shipper who:
               (1)  does not provide a shipper's certificate of weight
  required under Section 623.274(b); or
               (2)  provides false information on a shipper's
  certificate of weight that the shipper delivers to a person
  transporting a shipment.
         SECTION 13.  Section 623.274, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  On the written request of the person transporting the
  shipment, a [For a shipper's certificate of weight to be valid, the]
  shipper must:
               (1)  certify that the information contained on the
  certificate of weight [form] is accurate; and
               (2)  deliver the certificate of weight to the person
  transporting the shipment [motor carrier or other person
  transporting the shipment before the motor carrier or other person
  applies for an overweight permit under this chapter].
         (c)  A person transporting a shipment must provide the
  department with a copy of the certificate of weight before the
  issuance of an overweight permit under this chapter if the combined
  weight of the vehicle or vehicles and load is more than 200,000
  pounds.
         SECTION 14.  The following provisions of the Transportation
  Code are repealed:
               (1)  Sections 623.0171(m), 623.081, and 623.324(b);
               (2)  Section 623.403(c), as added by Chapter 750 (S.B.
  1383), Acts of the 85th Legislature, Regular Session, 2017; and
               (3)  Sections 623.404(b) and (c), as added by Chapter
  108 (S.B. 1524), Acts of the 85th Legislature, Regular Session,
  2017.
         SECTION 15.  Section 621.511, Transportation Code, as added
  by this Act, applies only to a vehicle that is issued a permit under
  Subtitle E, Title 7, Transportation Code, on or after the effective
  date of this Act.
         SECTION 16.  (a)  The changes in law made by this Act apply
  only to an offense or violation committed on or after the effective
  date of this Act. An offense or violation committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense or violation was committed, and the former law is
  continued in effect for that purpose. For purposes of this
  subsection, an offense or violation was committed before the
  effective date of this Act if any element of the offense or
  violation occurred before that date.
         (b)  The change in law made by this Act relating to an
  application filed under Chapter 623, Transportation Code, applies
  only to an application filed under that chapter on or after the
  effective date of this Act. An application filed before that date
  is governed by the law in effect on the date the application was
  filed, and the former law is continued in effect for that purpose.
         SECTION 17.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 18.  This Act takes effect September 1, 2019.