85R23194 JRR-D
By: VanDeaver H.B. No. 3460
Substitute the following for H.B. No. 3460:
By: White C.S.H.B. No. 3460
A BILL TO BE ENTITLED
AN ACT
relating to the movement of vehicles transporting sealed ocean
cargo shipping containers; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 623, Transportation Code,
is amended by adding Section 623.0172 to read as follows:
Sec. 623.0172. SEALED OCEAN CARGO SHIPPING CONTAINERS. (a)
In this section, "sealed ocean cargo shipping container" means an
enclosed, standardized, reusable container that:
(1) is used to pack, ship, move, or transport cargo;
(2) is designed to be carried on a trailer or
semitrailer and loaded onto or unloaded from:
(A) a vessel for international transportation;
or
(B) a rail system for international
transportation; and
(3) when combined with vehicles transporting the
container, has a gross weight or axle weight that exceeds the limits
allowed by this subtitle.
(b) Except as provided by Subsection (k), the department
shall issue an annual permit for the movement of a sealed ocean
cargo shipping container moving in international commerce on a
trailer or semitrailer with three axles if the combination of
vehicles transporting the container is equipped with a roll
stability support safety system and truck blind spot systems and
has:
(1) a single axle weight of not more than 20,000
pounds;
(2) a tandem axle weight of not more than 34,000
pounds;
(3) a tri-axle weight of not more than 51,000 pounds;
and
(4) a gross weight of not more than 95,000 pounds.
(c) The department shall restrict vehicles operating under
a permit issued under this section to routes that are:
(1) located in a county with a population of more than
90,000;
(2) on highways in the state highway system; and
(3) not more than five miles from the border between
this state and Arkansas.
(d) A sealed ocean cargo shipping container being moved
under a permit issued under this section must be continuously
sealed from the point of origin to the point of destination with a
seal that is required by:
(1) the United States Customs and Border Protection;
(2) the United States Food and Drug Administration; or
(3) federal law or regulation.
(e) A permit issued under this section does not authorize
the operation of a vehicle combination described by Subsection (b)
on:
(1) load-restricted roads or bridges, including a road
or bridge for which a maximum weight and load limit has been
established and posted by the Texas Department of Transportation
under Section 621.102; or
(2) routes for which the Texas Department of
Transportation has not authorized the operation of a vehicle
combination described by Subsection (b).
(f) A permit issued under this subchapter does not authorize
the transportation of a material designated as of January 1, 2017,
as a hazardous material by the United States secretary of
transportation under 49 U.S.C. Section 5103(a).
(g) An applicant for a permit under this section must
designate each Texas Department of Transportation district in which
the permit will be used.
(h) The department shall initially set the fee for a permit
issued under this section in an amount not to exceed $2,000.
Beginning in 2022, on September 1 of each even-numbered year the
department shall set the fee for a permit issued under this section
in an amount based on a reasonable estimate of the costs associated
with the operation of vehicles issued a permit under this section
over routes described by Subsection (c), including any increase in
the costs necessary to maintain or repair those highways. The
estimate shall be based on the results of the study conducted under
Subsection (l).
(i) Of the fee collected under this section for a permit:
(1) 85 percent shall be deposited to the credit of the
state highway fund;
(2) 10 percent shall be deposited to the credit of the
Texas Department of Motor Vehicles fund; and
(3) 5 percent shall be deposited to the general
revenue fund.
(j) A fee deposited under Subsection (i)(1) may only be used
for transportation projects in the Texas Department of
Transportation district designated in the permit application for
which the fee was assessed. A fee deposited under Subsection (i)(3)
may only be used to offset the cost of the study conducted under
Subsection (l).
(k) The department may suspend a permit issued under this
section if the department receives notice from the Federal Highway
Administration that the operation of a vehicle under a permit
authorized by this section would result in the loss of federal
highway funding.
(l) Beginning in 2022, not later than September 1 of each
even-numbered year, the Texas Department of Transportation shall
conduct a study concerning vehicles operating under a permit issued
under this section and publish the results of the study. In
conducting the study, the Texas Department of Transportation shall
collect and examine the following information:
(1) the weight and configuration of vehicles operating
under a permit under this section that are involved in a motor
vehicle accident;
(2) the types of vehicles operating under a permit
issued under this section;
(3) traffic volumes and variations of vehicles
operating under a permit issued under this section;
(4) weigh-in-motion data for highways located in and
around the area described by Subsection (c);
(5) impacts to state and local bridges, including
long-term bridge performance, for bridges located in and around the
area described by Subsection (c); and
(6) impacts to state and local roads, including
changes in pavement design standards, construction specification
details, maintenance frequency and types, and properties of
pavement and underlying soils resulting from or necessitated by
vehicles operating under a permit issued under this section.
SECTION 2. This Act takes effect September 1, 2017.