| 1 | 1 | | By: Rodriguez (Senate Sponsor - Nichols) H.B. No. 3309 |
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| 2 | 2 | | (In the Senate - Received from the House May 4, 2011; |
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| 3 | 3 | | May 5, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Transportation and Homeland Security; May 17, 2011, reported |
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| 5 | 5 | | favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, sent |
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| 6 | 6 | | to printer.) |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the authority to set maximum weights for state |
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| 12 | 12 | | highways, roads, and bridges. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 621.102, Transportation Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | Sec. 621.102. [COMMISSION'S] AUTHORITY TO SET MAXIMUM |
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| 17 | 17 | | WEIGHTS. (a) The director [commission] may set the maximum single |
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| 18 | 18 | | axle weight, tandem axle weight, or gross weight of a vehicle, or |
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| 19 | 19 | | maximum single axle weight, tandem axle weight, or gross weight of a |
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| 20 | 20 | | combination of vehicles and loads, that may be moved over a state |
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| 21 | 21 | | highway or a farm or ranch road if the director [commission] finds |
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| 22 | 22 | | that heavier maximum weight would rapidly deteriorate or destroy |
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| 23 | 23 | | the road or a bridge or culvert along the road. A maximum weight set |
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| 24 | 24 | | under this subsection may not exceed the maximum set by statute for |
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| 25 | 25 | | that weight. |
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| 26 | 26 | | (b) [The commission must set a maximum weight under this |
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| 27 | 27 | | section by order entered in its minutes. |
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| 28 | 28 | | [(c)] The director [commission] must make the finding under |
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| 29 | 29 | | this section on an engineering and traffic investigation and in |
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| 30 | 30 | | making the finding shall consider the width, condition, and type of |
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| 31 | 31 | | pavement structures and other circumstances on the road. |
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| 32 | 32 | | (c) [(d)] A maximum weight or load set under this section |
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| 33 | 33 | | becomes effective on a highway or road when appropriate signs |
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| 34 | 34 | | giving notice of the maximum weight or load are erected on the |
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| 35 | 35 | | highway or road [under order of the commission]. |
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| 36 | 36 | | (d) [(e)] A vehicle operating under a permit issued under |
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| 37 | 37 | | Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, |
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| 38 | 38 | | 623.192, or 623.212 may operate under the conditions authorized by |
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| 39 | 39 | | the permit over a road for which the director [commission] has set a |
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| 40 | 40 | | maximum weight under this section. |
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| 41 | 41 | | (e) [(f)] For the purpose of this section, a farm or ranch |
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| 42 | 42 | | road is a state highway that is shown in the records of the |
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| 43 | 43 | | commission to be a farm-to-market or ranch-to-market road. |
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| 44 | 44 | | (f) [(g)] This section does not apply to a vehicle |
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| 45 | 45 | | delivering groceries, farm products, or liquefied petroleum gas. |
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| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2011. |
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| 51 | 51 | | * * * * * |
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