Texas 2017 - 85th Regular

Texas House Bill HB1789 Compare Versions

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1	1	85R6669 JRR-F
2	2	By: Pickett H.B. No. 1789
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to motor vehicle size and weight limitations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 622, Transportation Code, is amended by
10	10	adding Subchapter K to read as follows:
11	11	SUBCHAPTER K. AUTOMOBILE TRANSPORTERS
12	12	Sec. 622.151. DEFINITIONS. In this subchapter:
13	13	(1) "Automobile transporter" means any vehicle
14	14	combination designed and used for the transport of assembled motor
15	15	vehicles, including a truck-tractor as defined by Section
16	16	621.001(8)(A).
17	17	(2) "Backhaul" means the return trip of a vehicle
18	18	transporting cargo or general freight.
19	19	(3) "Stinger-steered" means a truck-tractor and
20	20	semitrailer combination in which the fifth wheel is located on a
21	21	drop frame located behind and below the rearmost axle of the
22	22	truck-tractor.
23	23	Sec. 622.152. AUTOMOBILE TRANSPORTER BACKHAULS. (a) An
24	24	automobile transporter that complies with the weight and size
25	25	limitations for a truck-tractor and semitrailer combination under
26	26	this subtitle may transport cargo or general freight on a backhaul.
27	27	(b) For purposes of Subsection (a), an automobile
28	28	transporter is presumed to be on a backhaul if the automobile
29	29	transporter is transporting cargo or general freight back over all
30	30	or part of the same route.
31	31	Sec. 622.153. MAXIMUM EXTENDED LENGTH OF LOAD.
32	32	Notwithstanding Section 621.206, an automobile transporter that is
33	33	stinger-steered may carry a load that extends not more than:
34	34	(1) four feet beyond its front; and
35	35	(2) six feet beyond its rear.
36	36	SECTION 2. Section 622.902, Transportation Code, is amended
37	37	to read as follows:
38	38	Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
39	39	provided by Sections 621.203 to 621.205 do not apply to:
40	40	(1) machinery used exclusively for drilling water
41	41	wells, including machinery that is itself a unit or that is a unit
42	42	mounted on a conventional vehicle or chassis;
43	43	(2) a vehicle owned or operated by a public, private,
44	44	or volunteer fire department;
45	45	(3) a vehicle or combination of vehicles operated
46	46	exclusively in the territory of a municipality or to a combination
47	47	of vehicles operated by a municipality in a suburb adjoining the
48	48	municipality in which the municipality has been using the equipment
49	49	or similar equipment in connection with an established service to
50	50	the suburb;
51	51	(4) a truck-tractor, truck-tractor combination, or
52	52	truck-trailer combination exclusively transporting machinery,
53	53	materials, and equipment used in the construction, operation, and
54	54	maintenance of facilities, including pipelines, that are used for
55	55	the discovery, production, and processing of natural gas or
56	56	petroleum;
57	57	(5) a drive-away saddlemount vehicle transporter
58	58	combination or a drive-away saddlemount with fullmount vehicle
59	59	transporter combination, as defined by 23 C.F.R. Part 658 or its
60	60	successor, if:
61	61	(A) the overall length of the combination is not
62	62	longer than 97 feet; and
63	63	(B) the combination does not have more than three
64	64	saddlemounted vehicles if the combination does not include more
65	65	than one fullmount vehicle;
66	66	(6) the combination of a tow truck and another vehicle
67	67	or vehicle combination if:
68	68	(A) the other vehicle or vehicle combination
69	69	cannot be normally or safely driven or was abandoned on a highway;
70	70	and
71	71	(B) the tow truck is towing the other vehicle or
72	72	vehicle combination directly to the nearest authorized place of
73	73	repair, terminal, or destination of unloading;
74	74	(7) a vehicle or combination of vehicles used to
75	75	transport a harvest machine that is used in farm custom harvesting
76	76	operations on a farm if the overall length of the vehicle or
77	77	combination is not longer than:
78	78	(A) 75 feet if the vehicle is traveling on a
79	79	highway that is part of the national system of interstate and
80	80	defense highways or the federal aid primary highway system; or
81	81	(B) 81-1/2 feet if the vehicle is not traveling
82	82	on a highway that is part of the national system of interstate and
83	83	defense highways or the federal aid primary highway system; [or]
84	84	(8) a truck-tractor operated in combination with a
85	85	semitrailer and trailer or semitrailer and semitrailer if:
86	86	(A) the combination is used to transport a
87	87	harvest machine that is used in farm custom harvesting operations
88	88	on a farm;
89	89	(B) the overall length of the combination,
90	90	excluding the length of the truck-tractor, is not longer than
91	91	81-1/2 feet; and
92	92	(C) the combination is traveling on a highway
93	93	that:
94	94	(i) is not part of the national system of
95	95	interstate and defense highways or the federal aid primary highway
96	96	system; and
97	97	(ii) is located in a county with a
98	98	population of less than 300,000; or
99	99	(9) a towaway trailer transporter combination, as
100	100	defined by 49 U.S.C. Section 31111, if the overall length of the
101	101	combination is not longer than 82 feet.
102	102	SECTION 3. Section 622.952, Transportation Code, is amended
103	103	to read as follows:
104	104	Sec. 622.952. EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
105	105	The weight limitations of Section 621.101 do not apply to an
106	106	emergency [a] vehicle [owned or operated by a public, private, or
107	107	volunteer fire department].
108	108	(b) The weight of an emergency [a fire department's] vehicle
109	109	may not exceed the greater of:
110	110	(1) [be heavier than] the manufacturer's gross vehicle
111	111	weight capacity or axle design rating; or
112	112	(2) including all enforcement tolerances, a:
113	113	(A) gross weight of 86,000 pounds;
114	114	(B) single steering axle weight of 24,000 pounds;
115	115	(C) single drive axle weight of 33,500 pounds;
116	116	(D) tandem axle weight of 62,000 pounds; or
117	117	(E) tandem rear drive steer axle weight of 52,000
118	118	pounds.
119	119	(c) In this section, "emergency vehicle" means a vehicle
120	120	designed to be used under emergency conditions:
121	121	(1) to transport personnel and equipment; and
122	122	(2) to support the suppression of fires and mitigation
123	123	of other hazardous situations.
124	124	SECTION 4. Section 622.955(c), Transportation Code, is
125	125	amended to read as follows:
126	126	(c) The weight increase under Subsection (b) may not be
127	127	greater than 500 [400] pounds.
128	128	SECTION 5. Sections 623.071(a), (c), and (c-1),
129	129	Transportation Code, are amended to read as follows:
130	130	(a) The department may issue a permit to allow the operation
131	131	on [a person to operate over] a state highway of [superheavy or
132	132	oversize] equipment that exceeds the weight and size limits
133	133	provided by law for the movement of equipment [:
134	134	[(1) is used to transport cylindrically shaped bales of
135	135	hay] or a commodity that cannot reasonably be dismantled[; and
136	136	[(2) has a gross weight or size that exceeds the limits
137	137	allowed by law to be transported over a state highway].
138	138	(c) The department may issue an annual permit to allow the
139	139	operation on a state highway of equipment that exceeds weight and
140	140	size limits provided by law for the movement of:
141	141	(1) an implement of husbandry by a dealer;
142	142	(2) water well drilling machinery and equipment or
143	143	harvesting equipment being moved as part of an agricultural
144	144	operation; or
145	145	(3) [superheavy or oversize] equipment or a commodity
146	146	that:
147	147	(A) cannot reasonably be dismantled; and
148	148	(B) does not exceed:
149	149	(i) 12 feet in width;
150	150	(ii) 14 feet in height;
151	151	(iii) 110 feet in length; or
152	152	(iv) 120,000 pounds gross weight.
153	153	(c-1) The department may issue an annual permit that allows
154	154	a person to operate over a state highway or road a vehicle or
155	155	combination of vehicles transporting a load that cannot reasonably
156	156	be dismantled that exceeds the length and height limits provided by
157	157	law, except that:
158	158	(1) the maximum length allowed may not exceed 110
159	159	feet; and
160	160	(2) the maximum height allowed may not exceed 14 feet.
161	161	SECTION 6. The change in law made by this Act applies only
162	162	to an offense committed on or after the effective date of this Act.
163	163	An offense committed before the effective date of this Act is
164	164	governed by the law in effect on the date the offense was committed,
165	165	and the former law is continued in effect for that purpose. For
166	166	purposes of this section, an offense was committed before the
167	167	effective date of this Act if any element of the offense occurred
168	168	before that date.
169	169	SECTION 7. This Act takes effect September 1, 2017.