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A BILL TO BE ENTITLED
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AN ACT
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relating to commercial motor vehicle route restrictions in certain |
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counties; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 201, Transportation Code, |
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is amended by adding Section 201.9015 to read as follows: |
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Sec. 201.9015. COMMERCIAL MOTOR VEHICLE ROUTE RESTRICTIONS |
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IN CERTAIN COUNTIES. (a) In this section, "commercial motor |
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vehicle" has the meaning assigned by Section 522.003. |
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(b) This section applies only to: |
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(1) a county that contains Interstate Highway 10 and |
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U.S. Highway 77; and |
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(2) a highway that is under the jurisdiction of the |
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department. |
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(c) A county may make a request to the commission to |
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restrict the operation of commercial motor vehicles on highways in |
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the county to routes designated by the county. Before making the |
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request, the designated routes must be approved by the |
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commissioners court of the county after notice and public hearing. |
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(d) As soon as practicable after receiving a county's |
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request under Subsection (c), the commission shall restrict the |
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operation of commercial motor vehicles on highways in the county to |
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the routes designated in the request if the commission determines |
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that the request satisfies the requirements of that subsection. |
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(e) The commission shall post signage for each highway for |
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which the operation of a commercial motor vehicle is prohibited |
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under this section notifying operators of commercial motor vehicles |
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of the prohibition and the routes where the operation of a |
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commercial motor vehicle is permitted. The signage must be posted |
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at locations that enable operators of commercial motor vehicles to |
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detour to avoid the prohibited highway. |
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(f) If the owner or operator of a commercial motor vehicle |
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that is prohibited from using a highway under this section is |
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aggrieved by the prohibition, the person may file with the county |
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judge of the county in which the highway is located a written |
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complaint that sets forth the nature of the grievance. On the |
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filing of the complaint, the county judge immediately shall set the |
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issue for a hearing to be held not later than the third day after the |
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date on which the complaint is filed. The county judge shall |
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provide the commission with written notice of the day and purpose of |
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the hearing. The county judge shall hear testimony offered by the |
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parties. On conclusion of the hearing, the county judge shall |
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sustain, revoke, or modify the prohibition. The county judge's |
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judgment is final as to the issues raised. |
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(g) A person commits an offense if the person operates a |
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commercial motor vehicle in violation of a prohibition established |
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under this section. An offense under this subsection is a Class C |
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misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2021. |