84R10542 JRR-F
By: King of Hemphill H.B. No. 2606
A BILL TO BE ENTITLED
AN ACT
relating to the movement of special use vehicles on public
highways; authorizing a fee; adding 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, 623.0172, 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, 623.0172, 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. Sections 621.506(a), (b), and (g),
Transportation Code, are amended to read as follows:
(a) A person commits an offense if the person:
(1) operates a vehicle or combination of vehicles in
violation of Section 621.101, 622.012, 622.031, 622.041, 622.0435,
622.051, 622.061, 622.133, 622.151, 622.953, or 623.162; or
(2) loads a vehicle or causes a vehicle to be loaded in
violation of Section 621.503.
(b) Except as provided by Subsections (b-1), (b-2), and
(b-3), an offense under this section is a misdemeanor punishable:
(1) by a fine of not less than $100 and not more than
$250;
(2) on conviction of an offense involving a vehicle
having a single axle weight, [or] tandem axle weight, triple axle
weight, or quad axle weight that is heavier than the vehicle's
allowable weight, by a fine according to the following schedule:
Pounds Overweight Fine Range Pounds Overweight Fine Range
Pounds Overweight Fine Range
less than 2,500 $100 to $500 less than 2,500 $100 to $500
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000 2,500-5,000 $500 to $1,000
2,500-5,000 $500 to $1,000
more than 5,000 $1,000 to $2,500; or more than 5,000 $1,000 to $2,500; or
more than 5,000 $1,000 to $2,500; or
(3) on conviction of an offense involving a vehicle
having a gross weight that is heavier than the vehicle's allowable
weight, by a fine according to the following schedule:
Pounds Overweight Fine Range Pounds Overweight Fine Range
Pounds Overweight Fine Range
less than 2,500 $100 to $500 less than 2,500 $100 to $500
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000 2,500-5,000 $500 to $1,000
2,500-5,000 $500 to $1,000
5,001-10,000 $1,000 to $2,500 5,001-10,000 $1,000 to $2,500
5,001-10,000 $1,000 to $2,500
10,001-20,000 $2,500 to $5,000 10,001-20,000 $2,500 to $5,000
10,001-20,000 $2,500 to $5,000
20,001-40,000 $5,000 to $7,000 20,001-40,000 $5,000 to $7,000
20,001-40,000 $5,000 to $7,000
more than 40,000 $7,000 to $10,000. more than 40,000 $7,000 to $10,000.
more than 40,000 $7,000 to $10,000.
(g) Except as provided by Subsection (h), a governmental
entity that collects a fine under this section for an offense
involving a vehicle having a single axle weight, tandem axle
weight, triple axle weight, quad axle weight, or gross weight that
is more than 5,000 pounds heavier than the vehicle's allowable
weight shall send an amount equal to 50 percent of the fine to the
comptroller in the manner provided by Subchapter B, Chapter 133,
Local Government Code.
SECTION 4. Chapter 622, Transportation Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. SPECIAL USE VEHICLES
Sec. 622.151. AXLE WEIGHT RESTRICTIONS. (a) In this
section, "special use vehicle" means a self-propelled
well-servicing unit.
(b) A special use vehicle may be operated on a public
highway of this state only if:
(1) the quad axle weight is not heavier than 120,000
pounds;
(2) the triple axle weight is not heavier than 90,000
pounds;
(3) the tandem axle weight is not heavier than 65,000
pounds; and
(4) the single axle weight is not heavier than 30,000
pounds.
(c) A special use vehicle may be operated at a weight that
exceeds the maximum single axle, tandem axle, triple axle, or quad
axle weight limitation by not more than 10 percent if the gross
weight is not heavier than 135,000 pounds and the department has
issued a permit that authorizes the operation of the vehicle under
Section 623.0172.
Sec. 622.152. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
subchapter does not authorize the operation on the national system
of interstate and defense highways in this state of a vehicle of a
size or weight greater than those permitted under 23 U.S.C. Section
127.
(b) If the United States authorizes the operation on the
national system of interstate and defense highways of a vehicle of a
size or weight greater than those permitted under 23 U.S.C. Section
127 on September 1, 2015, the new limit automatically takes effect
on the national system of interstate and defense highways in this
state.
SECTION 5. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.0172 to read as follows:
Sec. 623.0172. PERMIT FOR SPECIAL USE VEHICLE. (a) In this
section, "special use vehicle" has the meaning assigned by Section
622.151.
(b) The department may issue a permit that authorizes the
operation of a special use vehicle with not more than six axles.
(c) To qualify for a permit under this section, a base
permit fee of $1,000 must be paid, except as provided by Subsection
(g).
(d) A permit issued under this section:
(1) is valid for one year, except as provided by
Subsection (g); and
(2) must be carried in the vehicle for which it is
issued.
(e) 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.
(f) 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.
(g) The department may issue a permit under this section
that is valid for a period of less than one year. The department
shall prorate the applicable fee required by Subsection (c) for a
permit issued under this subsection as necessary to reflect the
term of the permit.
(h) 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 special use vehicle in addition to a permit, fee,
or license required by state law.
(i) Unless otherwise provided by state or federal law, a
special use vehicle 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 vehicle displays a
sticker required by Subsection (e) and does not exceed the maximum
gross weight authorized under Section 622.151.
(j) For the purposes of Subsection (k), the department by
rule shall require an applicant to designate in the permit
application the counties in which the applicant intends to operate.
(k) Of the fee collected under this section for a permit:
(1) 50 percent of the amount collected shall be
deposited to the credit of the state highway fund; and
(2) the other 50 percent shall be divided among and
distributed to the counties designated in permit applications under
Subsection (j) according to department rule.
(l) At least once each fiscal year, the comptroller shall
send the amount due each county under Subsection (k) to the county
treasurer or officer performing the function of that office for
deposit to the credit of the county road and bridge fund.
SECTION 6. 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.
Pounds Overweight Fine Range
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000
more than 5,000 $1,000 to $2,500; or
Pounds Overweight Fine Range
less than 2,500 $100 to $500
2,500-5,000 $500 to $1,000
5,001-10,000 $1,000 to $2,500
10,001-20,000 $2,500 to $5,000
20,001-40,000 $5,000 to $7,000
more than 40,000 $7,000 to $10,000.