1 | 1 | | 85R3102 JRR-F |
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2 | 2 | | By: Israel H.B. No. 3355 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the operation of vehicles transporting precast |
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8 | 8 | | prestressed concrete products; authorizing a fee. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 621.102(d), Transportation Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (d) A vehicle operating under a permit issued under Section |
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13 | 13 | | 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, |
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14 | 14 | | 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B. |
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15 | 15 | | 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may |
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16 | 16 | | operate under the conditions authorized by the permit over a road |
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17 | 17 | | for which the executive director of the Texas Department of |
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18 | 18 | | Transportation has set a maximum weight under this section. |
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19 | 19 | | SECTION 2. Section 621.301(e), Transportation Code, is |
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20 | 20 | | amended to read as follows: |
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21 | 21 | | (e) A vehicle operating under a permit issued under Section |
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22 | 22 | | 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, |
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23 | 23 | | 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B. |
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24 | 24 | | 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may |
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25 | 25 | | operate under the conditions authorized by the permit over a road |
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26 | 26 | | for which the commissioners court has set a maximum weight under |
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27 | 27 | | this section. |
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28 | 28 | | SECTION 3. Chapter 623, Transportation Code, is amended by |
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29 | 29 | | adding Subchapter U to read as follows: |
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30 | 30 | | SUBCHAPTER U. PRECAST PRESTRESSED CONCRETE PRODUCTS |
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31 | 31 | | Sec. 623.401. DEFINITION. In this subchapter, "precast |
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32 | 32 | | prestressed concrete products" means concrete that is batched, |
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33 | 33 | | placed in forms, and cured in a manufacturing facility for the |
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34 | 34 | | purpose of transporting to a job site to be erected into a final |
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35 | 35 | | structure. |
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36 | 36 | | Sec. 623.402. PERMIT FOR VEHICLE TRANSPORTING PRECAST |
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37 | 37 | | PRESTRESSED CONCRETE PRODUCTS. (a) The department shall issue a |
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38 | 38 | | permit that authorizes the operation of a vehicle or combination of |
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39 | 39 | | vehicles transporting precast prestressed concrete products at a |
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40 | 40 | | gross weight that is not heavier than 100,000 pounds. |
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41 | 41 | | (b) Except as provided by Subsection (e), to qualify for a |
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42 | 42 | | permit under this subchapter, a permit fee of $1,000 must be paid. |
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43 | 43 | | (c) A permit issued under this subchapter: |
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44 | 44 | | (1) is valid for one year, except as provided by |
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45 | 45 | | Subsection (e); and |
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46 | 46 | | (2) must be carried in the vehicle for which it is |
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47 | 47 | | issued. |
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48 | 48 | | (d) A vehicle issued a permit under this subchapter may |
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49 | 49 | | operate on a state, county, or municipal road, including a |
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50 | 50 | | load-zoned county road or a frontage road adjacent to a federal |
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51 | 51 | | interstate highway, if the vehicle displays a sticker required by |
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52 | 52 | | Section 623.403 and does not exceed the maximum gross weight |
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53 | 53 | | authorized under Subsection (a). |
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54 | 54 | | (e) The department may issue a permit under this subchapter |
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55 | 55 | | that is valid for a period of less than one year. The department |
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56 | 56 | | shall prorate the applicable fee required by Subsection (b) for a |
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57 | 57 | | permit issued under this subsection as necessary to reflect the |
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58 | 58 | | term of the permit. |
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59 | 59 | | Sec. 623.403. PERMIT STICKER. (a) When the department |
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60 | 60 | | issues a permit under this subchapter, the department shall issue a |
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61 | 61 | | sticker to be placed on the front windshield of the vehicle. The |
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62 | 62 | | department shall design the form of the sticker to aid in the |
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63 | 63 | | enforcement of weight limits for vehicles. |
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64 | 64 | | (b) The sticker must: |
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65 | 65 | | (1) indicate the expiration date of the permit; and |
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66 | 66 | | (2) be removed from the vehicle when: |
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67 | 67 | | (A) the permit for operation of the vehicle |
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68 | 68 | | expires; |
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69 | 69 | | (B) a lease of the vehicle expires; or |
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70 | 70 | | (C) the vehicle is sold. |
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71 | 71 | | Sec. 623.404. COUNTY DESIGNATION. The department by rule |
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72 | 72 | | shall require an applicant under this subchapter to designate in |
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73 | 73 | | the permit application the counties in which the applicant intends |
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74 | 74 | | to operate. |
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75 | 75 | | Sec. 623.405. DISTRIBUTION OF FEE. Of the fee collected |
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76 | 76 | | under this subchapter for a permit, 50 percent of the amount |
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77 | 77 | | collected shall be divided among and distributed to the counties |
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78 | 78 | | designated under Section 623.404 in permit applications according |
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79 | 79 | | to department rule. |
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80 | 80 | | Sec. 623.406. CERTAIN COUNTY OR MUNICIPAL ACTIONS |
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81 | 81 | | PROHIBITED. Unless otherwise provided by state or federal law, a |
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82 | 82 | | county or municipality may not require a permit, fee, or license for |
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83 | 83 | | the operation of a vehicle described by Section 623.402(a) in |
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84 | 84 | | addition to a permit, fee, or license required by state law. |
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85 | 85 | | Sec. 623.407. TIMES AND DAYS OF MOVEMENT. (a) Movement |
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86 | 86 | | authorized by a permit issued under this subchapter may be made on |
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87 | 87 | | any day, provided that in a county with a population of more than |
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88 | 88 | | 300,000, movement may not be made between: |
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89 | 89 | | (1) 7 a.m. and 9 a.m.; and |
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90 | 90 | | (2) 4 p.m. and 6 p.m. |
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91 | 91 | | (b) The Texas Department of Transportation may limit the |
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92 | 92 | | hours for travel on certain routes because of heavy traffic |
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93 | 93 | | conditions. |
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94 | 94 | | (c) The Texas Department of Transportation shall publish |
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95 | 95 | | the limitation on movements prescribed by this section and the |
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96 | 96 | | limitations adopted under Subsection (b) and shall make the |
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97 | 97 | | publications available to the public. Each limitation adopted by |
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98 | 98 | | the Texas Department of Transportation must be made available to |
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99 | 99 | | the public before it takes effect. |
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100 | 100 | | Sec. 623.408. INTERSTATE AND DEFENSE HIGHWAYS. (a) This |
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101 | 101 | | subchapter does not authorize the operation on the national system |
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102 | 102 | | of interstate and defense highways in this state of a vehicle of a |
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103 | 103 | | size or weight greater than those permitted under 23 U.S.C. Section |
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104 | 104 | | 127. |
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105 | 105 | | (b) If the United States authorizes the operation on the |
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106 | 106 | | national system of interstate and defense highways of a vehicle of a |
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107 | 107 | | size or weight greater than those permitted under 23 U.S.C. Section |
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108 | 108 | | 127 on September 1, 2017, the new limit automatically takes effect |
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109 | 109 | | on the national system of interstate and defense highways in this |
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110 | 110 | | state. |
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111 | 111 | | SECTION 4. This Act takes effect September 1, 2017. |
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