84R10639 JRR-F
By: Phillips H.B. No. 2592
A BILL TO BE ENTITLED
AN ACT
relating to the operation of ready-mixed concrete trucks on public
roadways in this state; modifying provisions subject to a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A vehicle operating under a permit issued under Section
623.011, 623.0171, 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 executive director of the Texas
Department of Transportation has set a maximum weight under this
section.
SECTION 2. Section 621.301(e), Transportation Code, is
amended to read as follows:
(e) A vehicle operating under a permit issued under Section
623.011, 623.0171, 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 commissioners court has set a
maximum weight under this section.
SECTION 3. The heading to Section 622.011, Transportation
Code, is amended to read as follows:
Sec. 622.011. DEFINITIONS [DEFINITION]; DESIGNATION AS
PERISHABLE.
SECTION 4. Section 622.011(a), Transportation Code, is
amended to read as follows:
(a) In this subchapter:
(1) "Permissible axle weight tolerance" means, for
each axle, an axle weight that does not exceed the applicable axle
weight limitation provided in Section 622.012(a) by more than 10
percent.
(2) "Permissible gross weight tolerance" means a gross
weight that does not exceed the applicable gross weight limitation
provided in Section 622.012(b) by more than five percent.
(3) "Ready-mixed [, "ready-mixed] concrete truck"
means:
(A) [(1)] a vehicle designed exclusively to
transport or manufacture ready-mixed concrete and includes a
vehicle designed exclusively to transport and manufacture
ready-mixed concrete; [or]
(B) [(2)] a concrete pump truck; or
(C) a volumetric ready-mixed concrete truck.
SECTION 5. Section 622.012, Transportation Code, is amended
to read as follows:
Sec. 622.012. AXLE AND GROSS WEIGHT RESTRICTIONS. (a)
Except as provided by Subsection (c), a [A] ready-mixed concrete
truck may be operated on a public highway of this state only if:
(1) the tandem axle weight is not heavier than 46,000
pounds;
(2) [and] the single axle weight is not heavier than
23,000 pounds;
(3) the weight of any axle added behind the frame of
the truck is not heavier than 12,000 pounds; and
(4) the weight of any axle added below the frame of the
truck is not heavier than 8,000 pounds.
(b) Except as provided by Subsection (c), the gross weight
of a ready-mixed concrete truck may not exceed:
(1) 69,000 pounds if the truck has three axles;
(2) 70,100 pounds if the truck has four axles;
(3) 70,500 pounds if the truck has five axles;
(4) 75,500 pounds if the truck has six axles; or
(5) 80,000 pounds if the truck has more than six axles.
(c) A ready-mixed concrete truck may be operated within the
permissible axle weight tolerance and permissible gross weight
tolerance if [at a weight that exceeds the maximum single axle or
tandem axle weight limitation by not more than 10 percent if the
gross weight is not heavier than 69,000 pounds and] the department
has issued a permit that authorizes the operation of the vehicle
under Section 623.0171, provided that a permit issued under Section
623.0171 may not authorize the gross weight of a ready-mixed
concrete truck to exceed the permissible gross weight tolerance.
(d) The operation of a ready-mixed concrete truck in excess
of the permissible gross weight tolerance does not invalidate the
permissible axle weight tolerance authorized by a permit issued
under Section 623.0171.
SECTION 6. Section 623.0113, Transportation Code, is
amended to read as follows:
Sec. 623.0113. ROUTE RESTRICTIONS. (a) Except as provided
by Subsection (b), a permit issued under Section 623.011 or
623.0171 does not authorize the operation of a vehicle on:
(1) the national system of interstate and defense
highways in this state if the weight of the vehicle is greater than
authorized by federal law; or
(2) a bridge for which a maximum weight and load limit
has been established and posted by the Texas Transportation
Commission under Section 621.102 or the commissioners court of a
county under Section 621.301, if the gross weight of the vehicle and
load or the axles and wheel loads are greater than the limits
established and posted under those sections.
(b) The restrictions under Subsection (a)(2) do not apply if
a bridge described by Subsection (a)(2) provides the only public
vehicular access from an origin or to a destination by a holder of a
permit issued under Section 623.011 or 623.0171.
SECTION 7. Sections 623.0171(b), (h), (i), and (j),
Transportation Code, are amended to read as follows:
(b) The department may issue a permit that authorizes the
operation of a ready-mixed concrete truck in the manner prescribed
by Section 622.012(c) [with three axles].
(h) A [Unless otherwise provided by state or federal law, a]
county or municipality may not require a permit, fee, or license for
the operation of a ready-mixed concrete truck in addition to a
permit, fee, or license required by state law.
(i) Sections 622.014 and [Section] 622.015 do [does] not
apply to an owner of a ready-mixed concrete truck who holds a permit
under this section for the truck.
(j) A [Unless otherwise provided by state or federal
law, a] ready-mixed concrete truck may operate on a state, county,
or municipal road, including a load-zoned county road or a frontage
road adjacent to a federal interstate highway, if the truck
displays a sticker required by Subsection (e) and does not exceed
the maximum gross weight authorized under Section 622.012.
SECTION 8. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 9. 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, 2015.