Texas 2015 - 84th Regular

Texas House Bill HB2592 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10639 JRR-F
2	2	By: Phillips H.B. No. 2592
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of ready-mixed concrete trucks on public
8	8	roadways in this state; modifying provisions subject to a criminal
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 621.102(d), Transportation Code, is
12	12	amended to read as follows:
13	13	(d) A vehicle operating under a permit issued under Section
14	14	623.011, 623.0171, 623.071, 623.094, 623.121, 623.142, 623.181,
15	15	623.192, or 623.212 may operate under the conditions authorized by
16	16	the permit over a road for which the executive director of the Texas
17	17	Department of Transportation has set a maximum weight under this
18	18	section.
19	19	SECTION 2. Section 621.301(e), Transportation Code, is
20	20	amended to read as follows:
21	21	(e) A vehicle operating under a permit issued under Section
22	22	623.011, 623.0171, 623.071, 623.094, 623.121, 623.142, 623.181,
23	23	623.192, or 623.212 may operate under the conditions authorized by
24	24	the permit over a road for which the commissioners court has set a
25	25	maximum weight under this section.
26	26	SECTION 3. The heading to Section 622.011, Transportation
27	27	Code, is amended to read as follows:
28	28	Sec. 622.011. DEFINITIONS [DEFINITION]; DESIGNATION AS
29	29	PERISHABLE.
30	30	SECTION 4. Section 622.011(a), Transportation Code, is
31	31	amended to read as follows:
32	32	(a) In this subchapter:
33	33	(1) "Permissible axle weight tolerance" means, for
34	34	each axle, an axle weight that does not exceed the applicable axle
35	35	weight limitation provided in Section 622.012(a) by more than 10
36	36	percent.
37	37	(2) "Permissible gross weight tolerance" means a gross
38	38	weight that does not exceed the applicable gross weight limitation
39	39	provided in Section 622.012(b) by more than five percent.
40	40	(3) "Ready-mixed [, "ready-mixed] concrete truck"
41	41	means:
42	42	(A) [(1)] a vehicle designed exclusively to
43	43	transport or manufacture ready-mixed concrete and includes a
44	44	vehicle designed exclusively to transport and manufacture
45	45	ready-mixed concrete; [or]
46	46	(B) [(2)] a concrete pump truck; or
47	47	(C) a volumetric ready-mixed concrete truck.
48	48	SECTION 5. Section 622.012, Transportation Code, is amended
49	49	to read as follows:
50	50	Sec. 622.012. AXLE AND GROSS WEIGHT RESTRICTIONS. (a)
51	51	Except as provided by Subsection (c), a [A] ready-mixed concrete
52	52	truck may be operated on a public highway of this state only if:
53	53	(1) the tandem axle weight is not heavier than 46,000
54	54	pounds;
55	55	(2) [and] the single axle weight is not heavier than
56	56	23,000 pounds;
57	57	(3) the weight of any axle added behind the frame of
58	58	the truck is not heavier than 12,000 pounds; and
59	59	(4) the weight of any axle added below the frame of the
60	60	truck is not heavier than 8,000 pounds.
61	61	(b) Except as provided by Subsection (c), the gross weight
62	62	of a ready-mixed concrete truck may not exceed:
63	63	(1) 69,000 pounds if the truck has three axles;
64	64	(2) 70,100 pounds if the truck has four axles;
65	65	(3) 70,500 pounds if the truck has five axles;
66	66	(4) 75,500 pounds if the truck has six axles; or
67	67	(5) 80,000 pounds if the truck has more than six axles.
68	68	(c) A ready-mixed concrete truck may be operated within the
69	69	permissible axle weight tolerance and permissible gross weight
70	70	tolerance if [at a weight that exceeds the maximum single axle or
71	71	tandem axle weight limitation by not more than 10 percent if the
72	72	gross weight is not heavier than 69,000 pounds and] the department
73	73	has issued a permit that authorizes the operation of the vehicle
74	74	under Section 623.0171, provided that a permit issued under Section
75	75	623.0171 may not authorize the gross weight of a ready-mixed
76	76	concrete truck to exceed the permissible gross weight tolerance.
77	77	(d) The operation of a ready-mixed concrete truck in excess
78	78	of the permissible gross weight tolerance does not invalidate the
79	79	permissible axle weight tolerance authorized by a permit issued
80	80	under Section 623.0171.
81	81	SECTION 6. Section 623.0113, Transportation Code, is
82	82	amended to read as follows:
83	83	Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
84	84	by Subsection (b), a permit issued under Section 623.011 or
85	85	623.0171 does not authorize the operation of a vehicle on:
86	86	(1) the national system of interstate and defense
87	87	highways in this state if the weight of the vehicle is greater than
88	88	authorized by federal law; or
89	89	(2) a bridge for which a maximum weight and load limit
90	90	has been established and posted by the Texas Transportation
91	91	Commission under Section 621.102 or the commissioners court of a
92	92	county under Section 621.301, if the gross weight of the vehicle and
93	93	load or the axles and wheel loads are greater than the limits
94	94	established and posted under those sections.
95	95	(b) The restrictions under Subsection (a)(2) do not apply if
96	96	a bridge described by Subsection (a)(2) provides the only public
97	97	vehicular access from an origin or to a destination by a holder of a
98	98	permit issued under Section 623.011 or 623.0171.
99	99	SECTION 7. Sections 623.0171(b), (h), (i), and (j),
100	100	Transportation Code, are amended to read as follows:
101	101	(b) The department may issue a permit that authorizes the
102	102	operation of a ready-mixed concrete truck in the manner prescribed
103	103	by Section 622.012(c) [with three axles].
104	104	(h) A [Unless otherwise provided by state or federal law, a]
105	105	county or municipality may not require a permit, fee, or license for
106	106	the operation of a ready-mixed concrete truck in addition to a
107	107	permit, fee, or license required by state law.
108	108	(i) Sections 622.014 and [Section] 622.015 do [does] not
109	109	apply to an owner of a ready-mixed concrete truck who holds a permit
110	110	under this section for the truck.
111	111	(j) A [Unless otherwise provided by state or federal
112	112	law, a] ready-mixed concrete truck may operate on a state, county,
113	113	or municipal road, including a load-zoned county road or a frontage
114	114	road adjacent to a federal interstate highway, if the truck
115	115	displays a sticker required by Subsection (e) and does not exceed
116	116	the maximum gross weight authorized under Section 622.012.
117	117	SECTION 8. The change in law made by this Act applies only
118	118	to an offense committed on or after the effective date of this Act.
119	119	An offense committed before the effective date of this Act is
120	120	governed by the law in effect on the date the offense was committed,
121	121	and the former law is continued in effect for that purpose. For
122	122	purposes of this section, an offense was committed before the
123	123	effective date of this Act if any element of the offense occurred
124	124	before that date.
125	125	SECTION 9. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2015.