H.B. No. 2319
AN ACT
relating to the operation of certain overweight vehicles on
highways; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.101, Transportation Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding any other provision of this section,
a vehicle or combination of vehicles that is powered by an engine
fueled primarily by natural gas may exceed any weight limitation
under this section by an amount that is equal to the difference
between the weight of the vehicle attributable to the natural gas
tank and fueling system carried by that vehicle and the weight of a
comparable diesel tank and fueling system, provided that the
maximum gross weight of the vehicle or combination of vehicles may
not exceed 82,000 pounds.
SECTION 2. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.0172 to read as follows:
Sec. 623.0172. PERMIT FOR INTERMODAL SHIPPING CONTAINER.
(a) In this section, "intermodal shipping container" means an
enclosed, standardized, reusable container that:
(1) is used to pack, ship, move, or transport cargo;
(2) is designed to be carried on a semitrailer and
loaded onto or unloaded from:
(A) a ship or vessel for international
transportation; or
(B) a rail system for international
transportation; and
(3) when combined with vehicles transporting the
container, has a gross weight or axle weight that exceeds the limits
allowed by law to be transported over a state highway or county or
municipal road.
(b) The department shall issue an annual permit for the
international transportation of an intermodal shipping container
moving by a truck-tractor and semitrailer combination that has six
total axles and is equipped with a roll stability support safety
system and truck blind spot systems only if:
(1) the gross weight of the combination does not
exceed 93,000 pounds;
(2) the distance between the front axle of the
truck-tractor and the last axle of the semitrailer, measured
longitudinally, is approximately 647 inches;
(3) the truck-tractor is configured as follows:
(A) one single axle that does not exceed 13,000
pounds;
(B) one two-axle group that does not exceed
37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
and
(C) the distance between the individual axles on
the two-axle group of the truck-tractor, measured longitudinally,
is not less than 51 inches and not more than 52 inches; and
(4) the semitrailer is configured as follows:
(A) one three-axle group that does not exceed
49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
and
(B) the distance between the individual axles in
the three-axle group of the semitrailer, measured longitudinally,
is 60 inches.
(c) The department shall restrict vehicles operating under
a permit issued under this section to routes that are:
(1) located in a county with a population of more than
90,000;
(2) on highways in the state highway system; and
(3) not more than five miles from the border between
this state and Arkansas.
(d) An intermodal shipping container being moved under a
permit issued under this section must be continuously sealed from
the point of origin to the point of destination with a seal that is
required by:
(1) the United States Customs and Border Protection;
(2) the United States Food and Drug Administration; or
(3) federal law or regulation.
(e) A permit issued under this section does not authorize
the operation of a vehicle combination described by Subsection (b)
on:
(1) load-restricted roads or bridges, including a road
or bridge for which a maximum weight and load limit has been
established and posted by the Texas Department of Transportation
under Section 621.102; or
(2) routes for which the Texas Department of
Transportation has not authorized the operation of a vehicle
combination described by Subsection (b).
(f) A permit issued under this subchapter does not authorize
the transportation of a material designated as of January 1, 2017,
as a hazardous material by the United States secretary of
transportation under 49 U.S.C. Section 5103(a).
(g) An applicant for a permit under this section must
designate each Texas Department of Transportation district in which
the permit will be used.
(h) The department shall initially set the fee for a permit
issued under this section in an amount not to exceed $2,000.
Beginning in 2022, on September 1 of each even-numbered year the
department shall set the fee for a permit issued under this section
in an amount based on a reasonable estimate of the costs associated
with the operation of vehicles issued a permit under this section
over routes described by Subsection (c), including any increase in
the costs necessary to maintain or repair those highways. The
estimate shall be based on the results of the study conducted under
Subsection (l).
(i) Of the fee collected under this section for a permit:
(1) 90 percent shall be deposited to the credit of the
state highway fund;
(2) 5 percent shall be deposited to the credit of the
Texas Department of Motor Vehicles fund; and
(3) 5 percent shall be deposited to the appropriate
county road and bridge fund.
(j) A fee deposited under Subsection (i)(1) may only be used
for transportation projects in the Texas Department of
Transportation district designated in the permit application for
which the fee was assessed.
(k) The department may suspend a permit issued under this
section if the department receives notice from the Federal Highway
Administration that the operation of a vehicle under a permit
authorized by this section would result in the loss of federal
highway funding.
(l) Beginning in 2022, not later than September 1 of each
even-numbered year, the Texas Department of Transportation shall
conduct a study concerning vehicles operating under a permit issued
under this section and publish the results of the study. In
conducting the study, the Texas Department of Transportation shall
collect and examine the following information:
(1) the weight and configuration of vehicles operating
under a permit under this section that are involved in a motor
vehicle accident;
(2) the types of vehicles operating under a permit
issued under this section;
(3) traffic volumes and variations of vehicles
operating under a permit issued under this section;
(4) weigh-in-motion data for highways located in and
around the area described by Subsection (c);
(5) impacts to state and local bridges, including
long-term bridge performance, for bridges located in and around the
area described by Subsection (c); and
(6) impacts to state an
d local roads, including
changes in pavement design standards, construction specification
details, maintenance frequency and types, and properties of
pavement and underlying soils resulting from or necessitated by
vehicles operating under a permit issued under this section.
SECTION 3. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2319 was passed by the House on May 4,
2017, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2319 on May 25, 2017, by the following vote: Yeas 143, Nays 2,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2319 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor