85R25601 JRR-F
By: Phillips H.B. No. 3255
Substitute the following for H.B. No. 3255:
By: Morrison C.S.H.B. No. 3255
A BILL TO BE ENTITLED
AN ACT
relating to motor vehicle size and weight limitations, including
the enforcement of those limitations; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 621.503, Transportation
Code, is amended to read as follows:
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR
WEIGHT LIMITATION.
SECTION 2. Sections 621.503(a) and (b), Transportation
Code, are amended to read as follows:
(a) A person may not load, or cause to be loaded, a vehicle
for operation on a public highway of this state that exceeds the
height, width, length, or weight limitations for operation of that
vehicle provided by this subtitle [Section 621.101].
(b) Intent to violate a weight limitation is presumed if the
weight of the loaded vehicle is heavier than the applicable axle or
gross weight limit by 15 percent or more.
SECTION 3. Subchapter G, Chapter 621, Transportation Code,
is amended by adding Section 621.511 to read as follows:
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person
commits an offense if:
(1) the person operates or moves on a public highway a
vehicle that is issued a permit under this subtitle; and
(2) the person operating or moving the vehicle is not
the person named on the permit for the vehicle.
(b) An offense under this section is a Class C misdemeanor.
SECTION 4. Subchapter A, Chapter 623, Transportation Code,
is amended by adding Sections 623.004 and 623.005 to read as
follows:
Sec. 623.004. DENIAL OF PERMIT: OUT-OF-SERVICE MOTOR
CARRIER. (a) The department may deny an application for a permit
under this subtitle submitted by an applicant who is the subject of
an out-of-service order issued by the Federal Motor Carrier Safety
Administration.
(b) A denial of an application for a permit under this
section is not required to be preceded by notice and an opportunity
for hearing.
(c) An applicant may appeal a denial under this section by
filing an appeal with the department not later than the 26th day
after the date the department issues notice of the denial to the
applicant.
Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT
OF MOTOR VEHICLES FUND. (a) This section applies only to a permit
authorized by the legislature on or after September 1, 2019.
(b) Ten percent of the fee collected for a permit issued by
the department under this subtitle shall be deposited to the credit
of the Texas Department of Motor Vehicles fund with the remaining
fee distribution to be adjusted proportionately, if needed.
(c) Subsection (b) does not apply if a provision of this
subtitle expressly requires a different amount of a fee collected
to be deposited to the credit of the Texas Department of Motor
Vehicles fund.
SECTION 5. The heading to Section 623.272, Transportation
Code, is amended to read as follows:
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
SECTION 6. Section 623.272(a), Transportation Code, is
amended to read as follows:
(a) The department may investigate and impose an
administrative penalty on a shipper who:
(1) does not provide a shipper's certificate of weight
required under Section 623.274(b); or
(2) provides false information on a shipper's
certificate of weight that the shipper delivers to a person
transporting a shipment.
SECTION 7. Section 623.274, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) On the written request of the person transporting the
shipment, a [For a shipper's certificate of weight to be valid, the]
shipper must:
(1) certify that the information contained on the
certificate of weight [form] is accurate; and
(2) deliver the certificate of weight to the person
transporting the shipment [motor carrier or other person
transporting the shipment before the motor carrier or other person
applies for an overweight permit under this chapter].
(c) A person transporting a shipment must provide the
department with a copy of the certificate of weight before the
issuance of an overweight permit under this chapter if the combined
weight of the vehicle or vehicles and load is more than 200,000
pounds.
SECTION 8. (a) The changes in law made by this Act apply
only to an offense or violation committed on or after the effective
date of this Act. An offense or violation committed before the
effective date of this Act is governed by the law in effect on the
date the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
(b) The change in law made by this Act relating to an
application filed under Chapter 623, Transportation Code, applies
only to an application filed under that chapter on or after the
effective date of this Act. An application filed before that date
is governed by the law in effect on the date the application was
filed, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2017.