Texas 2015 - 84th Regular

Texas House Bill HB3129 Compare Versions

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

Old	New	Differences
1	1	84R11386 JRR-F
2	2	By: King of Hemphill H.B. No. 3129
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of vehicles transporting milk;
8	8	authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 621.102(d), Transportation Code, is
11	11	amended to read as follows:
12	12	(d) A vehicle operating under a permit issued under Section
13	13	623.011, 623.0172, 623.071, 623.094, 623.121, 623.142, 623.181,
14	14	623.192, or 623.212 may operate under the conditions authorized by
15	15	the permit over a road for which the executive director of the Texas
16	16	Department of Transportation has set a maximum weight under this
17	17	section.
18	18	SECTION 2. Section 621.301(e), Transportation Code, is
19	19	amended to read as follows:
20	20	(e) A vehicle operating under a permit issued under Section
21	21	623.011, 623.0172, 623.071, 623.094, 623.121, 623.142, 623.181,
22	22	623.192, or 623.212 may operate under the conditions authorized by
23	23	the permit over a road for which the commissioners court has set a
24	24	maximum weight under this section.
25	25	SECTION 3. Subchapter B, Chapter 623, Transportation Code,
26	26	is amended by adding Section 623.0172 to read as follows:
27	27	Sec. 623.0172. PERMIT FOR VEHICLES TRANSPORTING MILK. (a)
28	28	The department shall issue a permit that authorizes the operation
29	29	of a vehicle or combination of vehicles used to transport milk at a
30	30	gross weight that is not heavier than 90,000 pounds.
31	31	(b) To qualify for a permit under this section, a permit fee
32	32	of $500 must be paid, except as provided by Subsection (f).
33	33	(c) A permit issued under this section:
34	34	(1) is valid for one year, except as provided by
35	35	Subsection (f); and
36	36	(2) must be carried in the vehicle for which it is
37	37	issued.
38	38	(d) When the department issues a permit under this section,
39	39	the department shall issue a sticker to be placed on the front
40	40	windshield of the vehicle. The department shall design the form of
41	41	the sticker to aid in the enforcement of weight limits for vehicles.
42	42	(e) The sticker must:
43	43	(1) indicate the expiration date of the permit; and
44	44	(2) be removed from the vehicle when:
45	45	(A) the permit for operation of the vehicle
46	46	expires;
47	47	(B) a lease of the vehicle expires; or
48	48	(C) the vehicle is sold.
49	49	(f) The department may issue a permit under this section
50	50	that is valid for a period of less than one year. The department
51	51	shall prorate the applicable fee required by Subsection (b) for a
52	52	permit issued under this subsection as necessary to reflect the
53	53	term of the permit.
54	54	(g) Unless otherwise provided by state or federal law, a
55	55	county or municipality may not require a permit, fee, or license for
56	56	the operation of a vehicle described by Subsection (a) in addition
57	57	to a permit, fee, or license required by state law.
58	58	(h) A vehicle described by Subsection (a) may operate on a
59	59	state, county, or municipal road, including a load-zoned county
60	60	road or a frontage road adjacent to a federal interstate highway, if
61	61	the vehicle displays a sticker required by Subsection (d) and does
62	62	not exceed the maximum gross weight authorized under Subsection
63	63	(a).
64	64	(i) For the purposes of Subsection (j), the department by
65	65	rule shall require an applicant to designate in the permit
66	66	application the counties in which the applicant intends to operate.
67	67	(j) Of the fee collected under this section for a permit:
68	68	(1) 50 percent of the amount collected shall be
69	69	deposited to the credit of the state highway fund; and
70	70	(2) the other 50 percent shall be divided among and
71	71	distributed to the counties designated in permit applications under
72	72	Subsection (i) according to department rule.
73	73	(k) At least once each fiscal year, the comptroller shall
74	74	send the amount due each county under Subsection (j) to the county
75	75	treasurer or officer performing the function of that office for
76	76	deposit to the credit of the county road and bridge fund.
77	77	(l) This section does not authorize the operation on the
78	78	national system of interstate and defense highways in this state of
79	79	a vehicle of a size or weight greater than those permitted under 23
80	80	U.S.C. Section 127.
81	81	(m) If the United States authorizes the operation on the
82	82	national system of interstate and defense highways of a vehicle of a
83	83	size or weight greater than those permitted under 23 U.S.C. Section
84	84	127 on September 1, 2015, the new limit automatically takes effect
85	85	on the national system of interstate and defense highways in this
86	86	state.
87	87	SECTION 4. This Act takes effect September 1, 2015.