TX
Texas House Bill HB3460

Texas 2017 - 85th Regular

Texas House Bill HB3460 Compare Versions

OldNewDifferences
1-85R23194 JRR-D
1+85R10247 JRR-D
22 By: VanDeaver H.B. No. 3460
3- Substitute the following for H.B. No. 3460:
4- By: White C.S.H.B. No. 3460
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to the movement of vehicles transporting sealed ocean
108 cargo shipping containers; authorizing a fee.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Subchapter B, Chapter 623, Transportation Code,
1311 is amended by adding Section 623.0172 to read as follows:
1412 Sec. 623.0172. SEALED OCEAN CARGO SHIPPING CONTAINERS. (a)
1513 In this section, "sealed ocean cargo shipping container" means an
1614 enclosed, standardized, reusable container that:
1715 (1) is used to pack, ship, move, or transport cargo;
1816 (2) is designed to be carried on a trailer or
19- semitrailer and loaded onto or unloaded from:
20- (A) a vessel for international transportation;
21- or
22- (B) a rail system for international
17+ semitrailer and loaded onto a vessel for ocean-borne
2318 transportation; and
2419 (3) when combined with vehicles transporting the
25- container, has a gross weight or axle weight that exceeds the limits
26- allowed by this subtitle.
27- (b) Except as provided by Subsection (k), the department
20+ container, has a gross weight that exceeds the limits allowed by
21+ this subtitle.
22+ (b) Except as provided by Subsection (g), the department
2823 shall issue an annual permit for the movement of a sealed ocean
29- cargo shipping container moving in international commerce on a
30- trailer or semitrailer with three axles if the combination of
31- vehicles transporting the container is equipped with a roll
32- stability support safety system and truck blind spot systems and
33- has:
24+ cargo shipping container moving in overseas international commerce
25+ on a trailer or semitrailer with three axles if the combination of
26+ vehicles transporting the container has:
3427 (1) a single axle weight of not more than 20,000
3528 pounds;
3629 (2) a tandem axle weight of not more than 34,000
3730 pounds;
3831 (3) a tri-axle weight of not more than 51,000 pounds;
3932 and
40- (4) a gross weight of not more than 95,000 pounds.
33+ (4) a gross weight of not more than 97,000 pounds.
4134 (c) The department shall restrict vehicles operating under
42- a permit issued under this section to routes that are:
43- (1) located in a county with a population of more than
44- 90,000;
45- (2) on highways in the state highway system; and
46- (3) not more than five miles from the border between
47- this state and Arkansas.
48- (d) A sealed ocean cargo shipping container being moved
49- under a permit issued under this section must be continuously
50- sealed from the point of origin to the point of destination with a
51- seal that is required by:
52- (1) the United States Customs and Border Protection;
53- (2) the United States Food and Drug Administration; or
54- (3) federal law or regulation.
55- (e) A permit issued under this section does not authorize
56- the operation of a vehicle combination described by Subsection (b)
57- on:
58- (1) load-restricted roads or bridges, including a road
59- or bridge for which a maximum weight and load limit has been
60- established and posted by the Texas Department of Transportation
61- under Section 621.102; or
62- (2) routes for which the Texas Department of
63- Transportation has not authorized the operation of a vehicle
64- combination described by Subsection (b).
65- (f) A permit issued under this subchapter does not authorize
66- the transportation of a material designated as of January 1, 2017,
67- as a hazardous material by the United States secretary of
68- transportation under 49 U.S.C. Section 5103(a).
69- (g) An applicant for a permit under this section must
35+ a permit issued under this section to routes that are on highways in
36+ the state highway system and are not more than five miles from any
37+ border between this state and another state.
38+ (d) An applicant for a permit under this section must
7039 designate each Texas Department of Transportation district in which
7140 the permit will be used.
72- (h) The department shall initially set the fee for a permit
73- issued under this section in an amount not to exceed $2,000.
74- Beginning in 2022, on September 1 of each even-numbered year the
75- department shall set the fee for a permit issued under this section
76- in an amount based on a reasonable estimate of the costs associated
77- with the operation of vehicles issued a permit under this section
78- over routes described by Subsection (c), including any increase in
79- the costs necessary to maintain or repair those highways. The
80- estimate shall be based on the results of the study conducted under
81- Subsection (l).
82- (i) Of the fee collected under this section for a permit:
83- (1) 85 percent shall be deposited to the credit of the
84- state highway fund;
41+ (e) The department shall set the amount of the fee for a
42+ permit issued under this section in an amount not to exceed $2,000,
43+ of which:
44+ (1) 90 percent shall be deposited to the credit of the
45+ state highway fund; and
8546 (2) 10 percent shall be deposited to the credit of the
86- Texas Department of Motor Vehicles fund; and
87- (3) 5 percent shall be deposited to the general
88- revenue fund.
89- (j) A fee deposited under Subsection (i)(1) may only be used
47+ Texas Department of Motor Vehicles fund.
48+ (f) A fee deposited under Subsection (e)(1) may only be used
9049 for transportation projects in the Texas Department of
9150 Transportation district designated in the permit application for
92- which the fee was assessed. A fee deposited under Subsection (i)(3)
93- may only be used to offset the cost of the study conducted under
94- Subsection (l).
95- (k) The department may suspend a permit issued under this
96- section if the department receives notice from the Federal Highway
97- Administration that the operation of a vehicle under a permit
98- authorized by this section would result in the loss of federal
99- highway funding.
100- (l) Beginning in 2022, not later than September 1 of each
101- even-numbered year, the Texas Department of Transportation shall
102- conduct a study concerning vehicles operating under a permit issued
103- under this section and publish the results of the study. In
104- conducting the study, the Texas Department of Transportation shall
105- collect and examine the following information:
106- (1) the weight and configuration of vehicles operating
107- under a permit under this section that are involved in a motor
108- vehicle accident;
109- (2) the types of vehicles operating under a permit
110- issued under this section;
111- (3) traffic volumes and variations of vehicles
112- operating under a permit issued under this section;
113- (4) weigh-in-motion data for highways located in and
114- around the area described by Subsection (c);
115- (5) impacts to state and local bridges, including
116- long-term bridge performance, for bridges located in and around the
117- area described by Subsection (c); and
118- (6) impacts to state and local roads, including
119- changes in pavement design standards, construction specification
120- details, maintenance frequency and types, and properties of
121- pavement and underlying soils resulting from or necessitated by
122- vehicles operating under a permit issued under this section.
51+ which the fee was assessed.
52+ (g) The department may not issue a permit under this section
53+ if the department determines that the operation of a vehicle under a
54+ permit authorized by this section would result in the loss of
55+ federal highway funding.
12356 SECTION 2. This Act takes effect September 1, 2017.