Texas 2017 - 85th Regular

Texas House Bill HB3350 Compare Versions

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11 85R3101 JRR-F
22 By: Israel H.B. No. 3350
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the operation of vehicles transporting mobile cranes;
88 authorizing a fee.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 621.102(d), Transportation Code, is
1111 amended to read as follows:
1212 (d) A vehicle operating under a permit issued under Section
1313 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
1414 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
1515 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
1616 operate under the conditions authorized by the permit over a road
1717 for which the executive director of the Texas Department of
1818 Transportation has set a maximum weight under this section.
1919 SECTION 2. Section 621.301(e), Transportation Code, is
2020 amended to read as follows:
2121 (e) A vehicle operating under a permit issued under Section
2222 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
2323 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
2424 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
2525 operate under the conditions authorized by the permit over a road
2626 for which the commissioners court has set a maximum weight under
2727 this section.
2828 SECTION 3. Chapter 623, Transportation Code, is amended by
2929 adding Subchapter U to read as follows:
3030 SUBCHAPTER U. MOBILE CRANES
3131 Sec. 623.401. DEFINITION. In this subchapter, "mobile
3232 crane" means a self-propelled vehicle that is:
3333 (1) used solely to raise, shift, or lower heavy
3434 weights by means of a projecting, swinging mast with an engine for
3535 power on a chassis permanently constructed or assembled for that
3636 purpose; and
3737 (2) designed to be moved between operating locations
3838 by transport over a roadway.
3939 Sec. 623.402. PERMIT FOR VEHICLE TRANSPORTING MOBILE CRANE.
4040 (a) The department shall issue a permit that authorizes the
4141 operation of a vehicle or combination of vehicles transporting a
4242 mobile crane at a gross weight that is not heavier than 100,000
4343 pounds.
4444 (b) Except as provided by Subsection (e), to qualify for a
4545 permit under this subchapter, a permit fee of $1,000 must be paid.
4646 (c) A permit issued under this subchapter:
4747 (1) is valid for one year, except as provided by
4848 Subsection (e); and
4949 (2) must be carried in the vehicle for which it is
5050 issued.
5151 (d) A vehicle issued a permit under this subchapter may
5252 operate on a state, county, or municipal road, including a
5353 load-zoned county road or a frontage road adjacent to a federal
5454 interstate highway, if the vehicle displays a sticker required by
5555 Section 623.403 and does not exceed the maximum gross weight
5656 authorized under Subsection (a).
5757 (e) The department may issue a permit under this subchapter
5858 that is valid for a period of less than one year. The department
5959 shall prorate the applicable fee required by Subsection (b) for a
6060 permit issued under this subsection as necessary to reflect the
6161 term of the permit.
6262 Sec. 623.403. PERMIT STICKER. (a) When the department
6363 issues a permit under this subchapter, the department shall issue a
6464 sticker to be placed on the front windshield of the vehicle. The
6565 department shall design the form of the sticker to aid in the
6666 enforcement of weight limits for vehicles.
6767 (b) The sticker must:
6868 (1) indicate the expiration date of the permit; and
6969 (2) be removed from the vehicle when:
7070 (A) the permit for operation of the vehicle
7171 expires;
7272 (B) a lease of the vehicle expires; or
7373 (C) the vehicle is sold.
7474 Sec. 623.404. COUNTY DESIGNATION. The department by rule
7575 shall require an applicant under this subchapter to designate in
7676 the permit application the counties in which the applicant intends
7777 to operate.
7878 Sec. 623.405. DISTRIBUTION OF FEE. Of the fee collected
7979 under this subchapter for a permit, 50 percent of the amount
8080 collected shall be divided among and distributed to the counties
8181 designated under Section 623.404 in permit applications according
8282 to department rule.
8383 Sec. 623.406. CERTAIN COUNTY OR MUNICIPAL ACTIONS
8484 PROHIBITED. Unless otherwise provided by state or federal law, a
8585 county or municipality may not require a permit, fee, or license for
8686 the operation of a vehicle described by Section 623.402(a) in
8787 addition to a permit, fee, or license required by state law.
8888 Sec. 623.407. TIMES AND DAYS OF MOVEMENT. (a) Movement
8989 authorized by a permit issued under this subchapter may be made on
9090 any day, provided that in a county with a population of more than
9191 300,000, movement may not be made between:
9292 (1) 7 a.m. and 9 a.m.; and
9393 (2) 4 p.m. and 6 p.m.
9494 (b) The Texas Department of Transportation may limit the
9595 hours for travel on certain routes because of heavy traffic
9696 conditions.
9797 (c) The Texas Department of Transportation shall publish
9898 the limitation on movements prescribed by this section and the
9999 limitations adopted under Subsection (b) and shall make the
100100 publications available to the public. Each limitation adopted by
101101 the Texas Department of Transportation must be made available to
102102 the public before it takes effect.
103103 Sec. 623.408. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
104104 subchapter does not authorize the operation on the national system
105105 of interstate and defense highways in this state of a vehicle of a
106106 size or weight greater than those permitted under 23 U.S.C. Section
107107 127.
108108 (b) If the United States authorizes the operation on the
109109 national system of interstate and defense highways of a vehicle of a
110110 size or weight greater than those permitted under 23 U.S.C. Section
111111 127 on September 1, 2017, the new limit automatically takes effect
112112 on the national system of interstate and defense highways in this
113113 state.
114114 SECTION 4. This Act takes effect September 1, 2017.