By: Rodriguez (Senate Sponsor - Nichols) H.B. No. 3309
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 17, 2011, reported
favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the authority to set maximum weights for state
highways, roads, and bridges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.102, Transportation Code, is amended
to read as follows:
Sec. 621.102. [COMMISSION'S] AUTHORITY TO SET MAXIMUM
WEIGHTS. (a) The director [commission] may set the maximum single
axle weight, tandem axle weight, or gross weight of a vehicle, or
maximum single axle weight, tandem axle weight, or gross weight of a
combination of vehicles and loads, that may be moved over a state
highway or a farm or ranch road if the director [commission] finds
that heavier maximum weight would rapidly deteriorate or destroy
the road or a bridge or culvert along the road. A maximum weight set
under this subsection may not exceed the maximum set by statute for
that weight.
(b) [The commission must set a maximum weight under this
section by order entered in its minutes.
[(c)] The director [commission] must make the finding under
this section on an engineering and traffic investigation and in
making the finding shall consider the width, condition, and type of
pavement structures and other circumstances on the road.
(c) [(d)] A maximum weight or load set under this section
becomes effective on a highway or road when appropriate signs
giving notice of the maximum weight or load are erected on the
highway or road [under order of the commission].
(d) [(e)] A vehicle operating under a permit issued under
Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181,
623.192, or 623.212 may operate under the conditions authorized by
the permit over a road for which the director [commission] has set a
maximum weight under this section.
(e) [(f)] For the purpose of this section, a farm or ranch
road is a state highway that is shown in the records of the
commission to be a farm-to-market or ranch-to-market road.
(f) [(g)] This section does not apply to a vehicle
delivering groceries, farm products, or liquefied petroleum gas.
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, 2011.
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