Texas 2017 - 85th Regular

Texas House Bill HB2862 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R26579 JRR-F
2	2	By: King of Hemphill H.B. No. 2862
3	3	Substitute the following for H.B. No. 2862:
4	4	By: Morrison C.S.H.B. No. 2862
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation of vehicles transporting fluid milk;
10	10	authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 621.508, Transportation Code, is amended
13	13	by amending Subsection (a) and adding Subsection (a-1) to read as
14	14	follows:
15	15	(a) Except as provided by Subsection (a-1), it [It] is an
16	16	affirmative defense to prosecution of, or an action under
17	17	Subchapter F for, the offense of operating a vehicle with a single
18	18	axle weight or tandem axle weight heavier than the axle weight
19	19	authorized by law that at the time of the offense the vehicle:
20	20	(1) had a single axle weight or tandem axle weight that
21	21	was not heavier than the axle weight authorized by law plus 12
22	22	percent;
23	23	(2) was loaded with timber, pulp wood, wood chips, or
24	24	cotton, livestock, or other agricultural products that are:
25	25	(A) in their natural state; and
26	26	(B) being transported from the place of
27	27	production to the place of first marketing or first processing; and
28	28	(3) was not being operated on a portion of the national
29	29	system of interstate and defense highways.
30	30	(a-1) The affirmative defense provided by Subsection (a)
31	31	does not apply to the excess weights authorized under Section
32	32	623.401(b).
33	33	SECTION 2. Chapter 623, Transportation Code, is amended by
34	34	adding Subchapter U to read as follows:
35	35	SUBCHAPTER U. VEHICLES TRANSPORTING FLUID MILK
36	36	Sec. 623.401. PERMIT FOR VEHICLES TRANSPORTING FLUID MILK.
37	37	(a) The department may issue a permit authorizing the movement of
38	38	fluid milk by a truck-tractor and semitrailer combination that has
39	39	six total axles and is equipped with a roll stability support safety
40	40	system and truck blind spot systems:
41	41	(1) at a gross weight that is not heavier than 90,000
42	42	pounds; and
43	43	(2) with axle weights that comply with the
44	44	requirements of Section 621.101(a), except as authorized by
45	45	Subsection (b).
46	46	(b) A vehicle combination operating under a permit issued
47	47	under Subsection (a) may exceed the axle weights listed in Section
48	48	621.101(a) for the following axle groups if the overall distance
49	49	between the first axle of the truck-tractor and the first axle of
50	50	the first consecutive set of tandem axles is 15 feet or more, the
51	51	overall distance between the first and last axles of two
52	52	consecutive sets of tandem axles is 36 feet or more, the distance
53	53	between each individual axle in each axle group, measured from the
54	54	center of the axle, is between 48 inches and 54 inches, and:
55	55	(1) a two-axle group does not exceed 36,500 pounds;
56	56	and
57	57	(2) a three-axle group does not exceed 42,500 pounds.
58	58	(c) To qualify for a permit under this subchapter, a permit
59	59	fee of $1,200 must be paid.
60	60	(d) A permit issued under this subchapter:
61	61	(1) is valid for one year; and
62	62	(2) must be carried in the truck-tractor for which it
63	63	is issued.
64	64	Sec. 623.402. PERMIT STICKER. (a) When the department
65	65	issues a permit under this subchapter, the department shall issue a
66	66	sticker to be placed on the front windshield of the truck-tractor.
67	67	The department shall design the form of the sticker to aid in the
68	68	enforcement of weight limits for vehicles.
69	69	(b) The sticker must:
70	70	(1) indicate the expiration date of the permit; and
71	71	(2) be removed from the truck-tractor when:
72	72	(A) the permit for operation of the vehicle
73	73	combination expires;
74	74	(B) a lease of the truck-tractor expires; or
75	75	(C) the truck-tractor is sold.
76	76	Sec. 623.403. COUNTY DESIGNATION; DISTRIBUTION OF FEE. (a)
77	77	An applicant for a permit under this subchapter must designate in
78	78	the permit application the counties in which the applicant intends
79	79	to operate. A permit issued under this subchapter is not valid in a
80	80	county that is not designated in the permit application.
81	81	(b) Of the fee collected under this subchapter for a permit:
82	82	(1) 75 percent of the amount collected shall be
83	83	deposited to the credit of the state highway fund;
84	84	(2) 15 percent of the amount collected shall be
85	85	divided equally among and distributed to the counties designated in
86	86	the permit application; and
87	87	(3) 10 percent of the amount collected shall be
88	88	deposited to the credit of the Texas Department of Motor Vehicles
89	89	fund.
90	90	(c) At least once each fiscal year, the comptroller shall
91	91	send the amount due each county under Subsection (b) to the county
92	92	treasurer or officer performing the function of that office for
93	93	deposit to the credit of the county road and bridge fund.
94	94	Sec. 623.404. PERMIT CONDITIONS. (a) Except as provided by
95	95	Subsections (b) and (c), a vehicle combination operating under a
96	96	permit under this subchapter may operate on a federal interstate
97	97	highway or a state, county, or municipal road, including a frontage
98	98	road adjacent to a federal interstate highway, if the truck-tractor
99	99	displays a sticker required by Section 623.402 and the vehicle
100	100	combination does not exceed the maximum axle or gross weight
101	101	applicable to the combination under the terms of the permit.
102	102	(b) A permit issued under this subchapter authorizes the
103	103	operation of a truck-tractor and semitrailer combination only on
104	104	highways and roads approved by the Texas Department of
105	105	Transportation.
106	106	(c) A permit issued under this subchapter does not authorize
107	107	the operation of a truck-tractor and semitrailer combination on a
108	108	county road or bridge for which a maximum weight and load limit has
109	109	been established and posted under Section 621.301.
110	110	Sec. 623.405. CERTAIN COUNTY OR MUNICIPAL ACTIONS
111	111	PROHIBITED. Unless otherwise provided by state or federal law, a
112	112	county or municipality may not require a permit, fee, or license for
113	113	the operation of a vehicle combination described by Section
114	114	623.401(a) or (b) in addition to a permit, fee, or license required
115	115	by state law.
116	116	Sec. 623.406. EXCLUSIVE PERMIT. A permit issued under this
117	117	subchapter is the only permit issued by the department under this
118	118	chapter that may be used to transport fluid milk.
119	119	Sec. 623.407. RULES. (a) The department shall adopt rules
120	120	necessary to implement this subchapter, including rules governing
121	121	the application for a permit under this subchapter.
122	122	(b) The Department of Public Safety shall adopt rules
123	123	requiring additional safety and driver training for permits issued
124	124	under this subchapter.
125	125	SECTION 3. Section 623.003(b), Transportation Code, is
126	126	amended to read as follows:
127	127	(b) The Texas Department of Transportation shall provide
128	128	the department with all routing information necessary to complete a
129	129	permit issued under Section 623.071, 623.121, 623.142, [or]
130	130	623.192, or 623.401.
131	131	SECTION 4. This Act takes effect January 1, 2018.