Texas 2017 - 85th Regular

Texas House Bill HB3255 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R25601 JRR-F
2	2	By: Phillips H.B. No. 3255
3	3	Substitute the following for H.B. No. 3255:
4	4	By: Morrison C.S.H.B. No. 3255
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to motor vehicle size and weight limitations, including
10	10	the enforcement of those limitations; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 621.503, Transportation
13	13	Code, is amended to read as follows:
14	14	Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR
15	15	WEIGHT LIMITATION.
16	16	SECTION 2. Sections 621.503(a) and (b), Transportation
17	17	Code, are amended to read as follows:
18	18	(a) A person may not load, or cause to be loaded, a vehicle
19	19	for operation on a public highway of this state that exceeds the
20	20	height, width, length, or weight limitations for operation of that
21	21	vehicle provided by this subtitle [Section 621.101].
22	22	(b) Intent to violate a weight limitation is presumed if the
23	23	weight of the loaded vehicle is heavier than the applicable axle or
24	24	gross weight limit by 15 percent or more.
25	25	SECTION 3. Subchapter G, Chapter 621, Transportation Code,
26	26	is amended by adding Section 621.511 to read as follows:
27	27	Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person
28	28	commits an offense if:
29	29	(1) the person operates or moves on a public highway a
30	30	vehicle that is issued a permit under this subtitle; and
31	31	(2) the person operating or moving the vehicle is not
32	32	the person named on the permit for the vehicle.
33	33	(b) An offense under this section is a Class C misdemeanor.
34	34	SECTION 4. Subchapter A, Chapter 623, Transportation Code,
35	35	is amended by adding Sections 623.004 and 623.005 to read as
36	36	follows:
37	37	Sec. 623.004. DENIAL OF PERMIT: OUT-OF-SERVICE MOTOR
38	38	CARRIER. (a) The department may deny an application for a permit
39	39	under this subtitle submitted by an applicant who is the subject of
40	40	an out-of-service order issued by the Federal Motor Carrier Safety
41	41	Administration.
42	42	(b) A denial of an application for a permit under this
43	43	section is not required to be preceded by notice and an opportunity
44	44	for hearing.
45	45	(c) An applicant may appeal a denial under this section by
46	46	filing an appeal with the department not later than the 26th day
47	47	after the date the department issues notice of the denial to the
48	48	applicant.
49	49	Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT
50	50	OF MOTOR VEHICLES FUND. (a) This section applies only to a permit
51	51	authorized by the legislature on or after September 1, 2019.
52	52	(b) Ten percent of the fee collected for a permit issued by
53	53	the department under this subtitle shall be deposited to the credit
54	54	of the Texas Department of Motor Vehicles fund with the remaining
55	55	fee distribution to be adjusted proportionately, if needed.
56	56	(c) Subsection (b) does not apply if a provision of this
57	57	subtitle expressly requires a different amount of a fee collected
58	58	to be deposited to the credit of the Texas Department of Motor
59	59	Vehicles fund.
60	60	SECTION 5. The heading to Section 623.272, Transportation
61	61	Code, is amended to read as follows:
62	62	Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
63	63	CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
64	64	SECTION 6. Section 623.272(a), Transportation Code, is
65	65	amended to read as follows:
66	66	(a) The department may investigate and impose an
67	67	administrative penalty on a shipper who:
68	68	(1) does not provide a shipper's certificate of weight
69	69	required under Section 623.274(b); or
70	70	(2) provides false information on a shipper's
71	71	certificate of weight that the shipper delivers to a person
72	72	transporting a shipment.
73	73	SECTION 7. Section 623.274, Transportation Code, is amended
74	74	by amending Subsection (b) and adding Subsection (c) to read as
75	75	follows:
76	76	(b) On the written request of the person transporting the
77	77	shipment, a [For a shipper's certificate of weight to be valid, the]
78	78	shipper must:
79	79	(1) certify that the information contained on the
80	80	certificate of weight [form] is accurate; and
81	81	(2) deliver the certificate of weight to the person
82	82	transporting the shipment [motor carrier or other person
83	83	transporting the shipment before the motor carrier or other person
84	84	applies for an overweight permit under this chapter].
85	85	(c) A person transporting a shipment must provide the
86	86	department with a copy of the certificate of weight before the
87	87	issuance of an overweight permit under this chapter if the combined
88	88	weight of the vehicle or vehicles and load is more than 200,000
89	89	pounds.
90	90	SECTION 8. (a) The changes in law made by this Act apply
91	91	only to an offense or violation committed on or after the effective
92	92	date of this Act. An offense or violation committed before the
93	93	effective date of this Act is governed by the law in effect on the
94	94	date the offense or violation was committed, and the former law is
95	95	continued in effect for that purpose. For purposes of this
96	96	subsection, an offense or violation was committed before the
97	97	effective date of this Act if any element of the offense or
98	98	violation occurred before that date.
99	99	(b) The change in law made by this Act relating to an
100	100	application filed under Chapter 623, Transportation Code, applies
101	101	only to an application filed under that chapter on or after the
102	102	effective date of this Act. An application filed before that date
103	103	is governed by the law in effect on the date the application was
104	104	filed, and the former law is continued in effect for that purpose.
105	105	SECTION 9. This Act takes effect September 1, 2017.