BILL ANALYSIS

C.S.H.B. 1460

By: Guillen

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Certain vehicles with shifting loads, particularly those used to ship aggregate material, violate current single and tandem axle weight limits and may be ticketed for that violation despite being under the overall gross weight limit. C.S.H.B. 1460 seeks to address this issue by allowing such vehicles a 15 percent tolerance allowance on single and tandem axle weight limits, while prohibiting the total weight of the vehicle or combination of vehicles from exceeding 80,000 pounds. This tolerance allowance will enable vehicles to avoid ticketing and fees, increasing productivity for both big and small businesses.

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.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1460 amends the Transportation Code to authorize a vehicle or combination of vehicles that is transporting aggregates over a highway or road of this state to operate at a maximum single axle weight of 20,000 pounds or a maximum tandem axle weight of 34,000 pounds, including all enforcement tolerances, plus a tolerance allowance of 15 percent of that allowable weight, provided that the maximum gross weight of the vehicle or combination of vehicles is not heavier than 80,000 pounds. The bill defines "aggregates" by reference to the Water Code as any commonly recognized construction material originating from an aggregate production operation from which an operator extracts dimension stone, crushed and broken limestone, crushed and broken granite, crushed and broken stone not elsewhere classified, construction sand and gravel, industrial sand, dirt, soil, or caliche.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1460 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a specification absent from the introduced that the vehicles authorized to operate under the bill's provisions with the extra tolerance allowance are operating over a highway or road of this state.

The substitute conditions the authorization to transport aggregates under the bill's provisions on the gross weight of the vehicle or combination of vehicles being not heavier than 80,000 pounds, whereas the introduced did not include such a condition.