By: Kerwin H.B. No. 5332
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of excess axle or gross weight permits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Section 623.011, Transportation Code, is
  amended by amending Subsection (a) to read as follows:
         (a)  The department may issue a permit that authorizes the
  operation of a commercial motor vehicle, trailer, semitrailer, or
  combination of those vehicles, or a truck-tractor or combination of
  a truck-tractor and one or more other vehicles:
               (1)  at an axle weight that is not heavier than the
  weight equal to the maximum allowable axle weight for the vehicle or
  combination plus a tolerance allowance of 10 percent of that
  allowable weight; and
               (2)  at a gross weight that is not heavier than the
  weight equal to the maximum allowable gross weight for the vehicle
  or combination plus a tolerance allowance of five percent.
         (b)  To qualify for a permit under this section:
               (1)  the vehicle must be registered under Chapter 502
  for the maximum gross weight applicable to the vehicle under
  Section 621.101, not to exceed 80,000 pounds;
               (2)  the security requirement of Section 623.012 must
  be satisfied; and
               (3)  a base permit fee of $90, any additional fee
  required by Section 623.0111, and any additional fee set by the
  board under Section 623.0112 must be paid.
         (c)  A permit issued under this section:
               (1)  is valid for one year; and
               (2)  must be carried in the vehicle for which it is
  issued.
         (d)  When the department issues a permit under this section,
  the department shall issue a sticker to be placed on the front
  windshield of the vehicle. The department shall design the form of
  the sticker to aid in the enforcement of weight limits for vehicles.
         (e)  The sticker must:
               (1)  indicate the expiration date of the permit; and
               (2)  be removed from the vehicle when:
                     (A)  the permit for operation of the vehicle
  expires;
                     (B)  a lease of the vehicle expires; or
                     (C)  the vehicle is sold.
         (f)  A person commits an offense if the person fails to
  display the sticker in the manner required by Subsection (d). An
  offense under this subsection is a Class C misdemeanor. Section
  623.019(g) applies to an offense under this subsection.
         (g)  A vehicle operating under a permit issued under this
  section may exceed the maximum allowable gross weight tolerance
  allowance by not more than five percent, regardless of the weight of
  any one axle or tandem axle, if no axle or tandem axle exceeds the
  tolerance permitted by Subsection (a).
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.