Texas 2017 - 85th Regular

Texas House Bill HB3854 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R23942 JRR-F
2	1		By: Morrison H.B. No. 3854
3		-	Substitute the following for H.B. No. 3854:
4		-	By: Morrison C.S.H.B. No. 3854
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the movement of certain vehicles transporting an
10	7		intermodal shipping container; authorizing a fee; creating an
11	8		offense.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Section 550.062, Transportation Code, is amended
14		-	by adding Subsection (b-1) to read as follows:
15		-	(b-1) If the motor vehicle accident involved a combination
16		-	of vehicles operating under a permit issued under Section 623.402,
17		-	the report required by Subsection (a) must include the weight and
18		-	the number of axles of the vehicle combination.
19		-	SECTION 2. Section 621.303, Transportation Code, is amended
	10	+	SECTION 1. Section 621.303, Transportation Code, is amended
20	11		to read as follows:
21	12		Sec. 621.303. MUNICIPAL REGULATION OF LOADS AND EQUIPMENT.
22	13		(a) The governing body of any municipality may regulate the
23	14		movement and operation on a public road, other than a state highway
24	15		in the territory of the municipality, of:
25	16		(1) an overweight, oversize, or overlength commodity
26	17		that cannot reasonably be dismantled; and
27	18		(2) superheavy or oversize equipment for the
28	19		transportation of an overweight, oversize, or overlength commodity
29	20		that cannot be reasonably dismantled.
30	21		(b) The governing body of a municipality may not, because of
31	22		weight, regulate the movement and operation on a state highway or
32	23		county or municipal road of a combination of vehicles operating
33	24		under a permit issued under Section 623.402.
34		-	SECTION 3. Chapter 623, Transportation Code, is amended by
	25	+	SECTION 2. Chapter 623, Transportation Code, is amended by
35	26		adding Subchapter U to read as follows:
36	27		SUBCHAPTER U. INTERMODAL SHIPPING CONTAINERS
37	28		Sec. 623.401. DEFINITION. In this subchapter, "intermodal
38	29		shipping container" means an enclosed, standardized, reusable
39	30		container that:
40	31		(1) is used to pack, ship, move, or transport cargo;
41	32		(2) is designed to be carried on a semitrailer and
42	33		loaded onto or unloaded from:
43	34		(A) a ship or vessel for international
44	35		transportation; or
45	36		(B) a rail system for international
46	37		transportation; and
47	38		(3) when combined with vehicles transporting the
48	39		container, has a gross weight or axle weight that exceeds the limits
49	40		allowed by law to be transported over a state highway or county or
50	41		municipal road.
51	42		Sec. 623.402. ISSUANCE OF PERMIT. (a) The department may
52	43		issue an annual permit authorizing the movement of a sealed
53	44		intermodal shipping container moving in international
54		-	transportation by a truck-tractor and semitrailer combination ~~that~~
55		-	has six total axles ~~and~~ is equipped with a roll stability ~~support~~
56		-	safety system and truck blind spot systems only if:
	45	+	transportation via a truck-tractor and semitrailer combination
	46	+	that has six total axles that is equipped with Roll Stability
	47	+	Support Safety System and truck Blind Spot Systems only if:
57	48		(1) the gross weight of the combination does not
58	49		exceed 93,000 pounds;
59		-	(2) the distance between the ~~front~~ axle of the
60		-	truck-tractor and the ~~last~~ axle of the semitrailer, measured
61		-	longitudinally, is approximately ~~647~~ inches;
	50	+	(2) the distance between the rear axle of the
	51	+	truck-tractor and the front axle of the semitrailer, measured
	52	+	longitudinally, is approximately 322 inches;
62	53		(3) the truck-tractor is configured as follows:
63		-	(A) one single axle that does not exceed 13,000
	54	+	(A) one single axle that does not exceed 15,000
64	55		pounds;
65	56		(B) one two-axle group that does not exceed
66		-	37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
67		-	and
	57	+	36,250 pounds, in which no axle in the group exceeds 18,200 pounds;
68	58		(C) the distance between the individual axles on
69	59		the two-axle group of the truck-tractor, measured longitudinally,
70		-	is not less than 51 inches and not more than 52 inches; and
	60	+	is 52 inches; and
	61	+	(D) the distance between the single axle on the
	62	+	truck-tractor and the nearest axle of the two-axle group on the
	63	+	truck-tractor, measured longitudinally, is approximately 154
	64	+	inches; and
71	65		(4) the semitrailer is configured as follows:
72	66		(A) one three-axle group that does not exceed
73	67		49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
74	68		and
75	69		(B) the distance between the individual axles in
76	70		the three-axle group of the semitrailer, measured longitudinally,
77	71		is 60 inches.
78	72		(b) The department may issue an annual permit authorizing
79	73		the movement of a sealed intermodal shipping container moving in
80		-	international transportation by a truck-tractor and semitrailer
81		-	combination that has seven total axles ~~and~~ is equipped with a roll
	74	+	international transportation via a truck-tractor and semitrailer
	75	+	combination that has seven total axles that is equipped with Roll
82	76		Stability Support Safety System and truck Blind Spot Systems only
83	77		if:
84	78		(1) the gross weight of the combination does not
85	79		exceed 100,000 pounds;
86		-	(2) the distance between the ~~front~~ axle of the
87		-	truck-tractor and the ~~last~~ axle of the semitrailer, measured
88		-	longitudinally, is approximately ~~612~~ inches;
	80	+	(2) the distance between the rear axle of the
	81	+	truck-tractor and the front axle of the semitrailer, measured
	82	+	longitudinally, is approximately 256 inches;
89	83		(3) the truck-tractor is configured as follows:
90	84		(A) one single axle that does not exceed 15,000
91	85		pounds;
92	86		(B) one three-axle group that does not exceed
93	87		44,500 pounds, in which no axle in the group exceeds 14,900 pounds;
94		-	and
95	88		(C) the distance between the individual axles on
96	89		the three-axle group of the truck-tractor, measured
97	90		longitudinally, is not less than 51 inches and not more than 52
98	91		inches; and
	92	+	(D) the distance between the single axle on the
	93	+	truck-tractor and the nearest axle of the three-axle group on the
	94	+	truck-tractor, measured longitudinally, is 135 inches or greater;
	95	+	and
99	96		(4) the semitrailer is configured as follows:
100	97		(A) one three-axle group that does not exceed
101	98		46,200 pounds, in which no axle in the group exceeds 15,400 pounds;
102	99		and
103	100		(B) the distance between the individual axles in
104	101		the three-axle group of the semitrailer, measured longitudinally,
105	102		is 60 inches.
106	103		(c) For purposes of Subsections (a) and (b), the gross
107	104		weight, group weights, and axle weights listed in those subsections
108	105		include all enforcement tolerances.
109	106		Sec. 623.403. COUNTY AND MUNICIPALITY DESIGNATION. (a) An
110	107		applicant for a permit under this subchapter must designate each
111	108		county and municipality in which the permit will be used.
112	109		(b) A permit issued under this subchapter is not valid in a
113	110		county or municipality that is not designated in the permit
114	111		application.
115	112		Sec. 623.404. PERMIT FEE. (a) An application for a permit
116	113		under Section 623.402(a) or (b) must be accompanied by a permit fee
117	114		of $5,000, of which:
118	115		(1) 60 percent shall be deposited to the credit of the
119	116		state highway fund;
120	117		(2) 35 percent shall be equally divided among and
121	118		distributed to each county designated in the permit application;
122	119		and
123		-	(3) 5 percent shall be equally divided among and
124		-	distributed to each municipality designated in the permit
125		-	application.
	120	+	(3) 5 percent shall be deposited to the credit of the
	121	+	Texas Department of Motor Vehicles fund.
126	122		(b) At least once each fiscal year, the comptroller shall
127	123		send the amount due each county under Subsection (a) to the county
128	124		treasurer or office performing the function of that office for
129	125		deposit to the credit of the county road and bridge fund.
130		-	(c) At least once each fiscal year, the comptroller shall
131		-	send the amount due each municipality under Subsection (a) to the
132		-	office performing the function of treasurer for the municipality.
133		-	A municipality may use funds received under this subsection only to
134		-	fund commercial motor vehicle enforcement programs or road or
135		-	bridge maintenance or infrastructure projects.
136		-	Sec. 623.405. ROUTE RESTRICTIONS. (a) A permit issued
137		-	under this subchapter does not authorize the operation of a
138		-	truck-tractor and semitrailer combination on:
	126	+	Sec. 623.405. ROUTE RESTRICTIONS. A permit issued under
	127	+	this subchapter does not authorize the operation of a truck-tractor
	128	+	and semitrailer combination on:
139	129		(1) the national system of interstate and defense
140		-	highways; or
	130	+	highways;
141	131		(2) load-restricted roads or bridges, including a road
142	132		or bridge for which a maximum weight and load limit has been
143	133		established and posted by the Texas Department of Transportation
144	134		under Section 621.102 or the commissioners court of a county under
145		-	Section 621.301.
146		-	(b) Subject to Section 623.406, a permit issued under this
147		-	subchapter authorizes the operation of a truck-tractor and
148		-	semitrailer combination only on highways and roads approved by the
149		-	Texas Department of Transportation.
	135	+	Section 621.301; or
	136	+	(3) routes for which the Texas Department of
	137	+	Transportation has not authorized the operation of truck-tractor
	138	+	and semitrailer combinations.
150	139		Sec. 623.406. PERMIT CONDITIONS. (a) In this section,
151	140		"port of entry" has the meaning assigned by Section 621.001.
152	141		(b) The transportation of a sealed intermodal shipping
153	142		container under a permit issued under this subchapter:
154	143		(1) must begin or end at a port of entry that is
155	144		located:
156	145		(A) in a county contiguous to the Gulf of Mexico
157	146		or a bay or inlet opening into the gulf; or
158	147		(B) between this state and the United Mexican
159		-	States; and
160		-	(2) may not exceed 30 miles from the port of entry and
161		-	must be on a highway or road described by Section 623.405(b).
	148	+	States;
	149	+	(2) may not exceed a 30-mile radius from the port of
	150	+	entry; and
	151	+	(3) may occur only on a route for which the Texas
	152	+	Department of Transportation has authorized the transportation of
	153	+	intermodal shipping containers.
162	154		(c) In addition to the requirements of Subsection (b), the
163	155		intermodal shipping container must be continuously sealed from the
164	156		point of origin to the point of destination with a seal that is
165	157		required by:
166	158		(1) the United States Customs and Border Protection;
167	159		(2) the United States Food and Drug Administration; or
168	160		(3) federal law or regulation.
169	161		(d) A permit issued under this subchapter does not authorize
170	162		the transportation of a material designated as of January 1, 2017,
171	163		as a hazardous material by the United States secretary of
172	164		transportation under 49 U.S.C. Section 5103(a).
173		-	(e) A permit issued under this subchapter does not authorize
174		-	the transportation of a sealed intermodal shipping container in a
175		-	county that borders New Mexico and the United Mexican States.
176	165		Sec. 623.407. PERMIT STICKER. (a) When the department
177	166		issues a permit under this subchapter, the department shall issue a
178	167		sticker to be placed on the front windshield of the truck-tractor.
179	168		The department shall design the form of the sticker to aid in the
180	169		enforcement of weight limits.
181	170		(b) The sticker must:
182	171		(1) indicate the expiration date of the permit; and
183	172		(2) be removed from the truck-tractor when:
184	173		(A) the permit for operation of the truck-tractor
185	174		expires;
186	175		(B) a lease of the truck-tractor expires; or
187	176		(C) the truck-tractor is sold.
188	177		Sec. 623.408. PERMIT AND WEIGHT RECORD DOCUMENTS. (a) A
189	178		permit issued under this subchapter must be carried in the
190	179		truck-tractor for which the permit is issued.
191	180		(b) A copy of the weight record in the form prescribed by the
192	181		department must contain the information required by Section
193	182		621.410(c) and must be:
194	183		(1) carried in the truck-tractor if the truck-tractor
195	184		is:
196	185		(A) on a public highway or road; and
197	186		(B) transporting an intermodal shipping
198	187		container that contains cargo; and
199	188		(2) presented, on request, to an officer authorized to
200	189		enforce this subtitle, regardless of whether a weight record is
201	190		required under Section 621.410.
202	191		Sec. 623.409. OFFENSE. (a) A person commits an offense if
203	192		the person fails to:
204	193		(1) display the sticker described by Section
205	194		623.407(a) in the manner required by that section;
206	195		(2) carry a permit issued under this subchapter as
207	196		required by Section 623.408(a); or
208	197		(3) carry or present a weight record as required by
209	198		Section 623.408(b).
210	199		(b) An offense under this section is a Class C misdemeanor.
211	200		Sec. 623.410. RULES. (a) The department shall adopt rules
212	201		necessary to implement this subchapter, including rules governing
213	202		the application for a permit under this subchapter.
214	203		(b) The Department of Public Safety shall adopt rules
215	204		requiring additional safety and driver training for permits issued
216	205		under this subchapter.
217		-	SECTION 4. Section 623.003(b), Transportation Code, is
	206	+	SECTION 3. Section 623.003(b), Transportation Code, is
218	207		amended to read as follows:
219	208		(b) The Texas Department of Transportation shall provide
220	209		the department with all routing information necessary to complete a
221	210		permit issued under Section 623.071, 623.121, 623.142, [or]
222	211		623.192, or 623.402.
223		-	SECTION 5. Section 623.018(d), Transportation Code, is
	212	+	SECTION 4. Section 623.018(d), Transportation Code, is
224	213		amended to read as follows:
225		-	(d) If a vehicle is being operated in compliance with [has]
226		-	a permit issued under Section 623.011 or 623.402, a commissioners
227		-	court may not:
	214	+	(d) If a vehicle has a permit issued under Section 623.011
	215	+	or 623.402, a commissioners court may not:
228	216		(1) issue a permit under this section or charge an
229	217		additional fee for or otherwise regulate or restrict the operation
230	218		of the vehicle because of weight; or
231	219		(2) require the owner or operator to:
232	220		(A) execute or comply with a road use agreement
233	221		or indemnity agreement;
234	222		(B) [, to] make a filing or application; or
235	223		(C) [, or to] provide a bond or letter of credit,
236	224		other than the bond or letter of credit prescribed by Section
237	225		623.012 for a vehicle issued a permit under Section 623.011.
238		-	SECTION 6. Subchapter D, Chapter 623, Transportation Code,
	226	+	SECTION 5. Subchapter D, Chapter 623, Transportation Code,
239	227		is amended by adding Section 623.070 to read as follows:
240	228		Sec. 623.070. NONAPPLICABILITY OF SUBCHAPTER. This
241	229		subchapter does not apply to the transportation of an intermodal
242	230		shipping container as defined by Section 623.401, regardless of
243	231		whether the container is sealed or unsealed.
244		-	SECTION 7. This Act takes effect ~~January~~ 1, ~~2018~~.
	232	+	SECTION 6. This Act takes effect September 1, 2017.