Texas 2017 - 85th Regular

Texas Senate Bill SB1383 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R26579 JRR-F
2		-	By: Perry S.B. No. 1383
3		-	(King of Hemphill)
4		-	Substitute the following for S.B. No. 1383: No.
	1	+	S.B. No. 1383
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the operation of vehicles transporting fluid milk;
10	6		authorizing a fee.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Section 621.508, Transportation Code, is amended
13	9		by amending Subsection (a) and adding Subsection (a-1) to read as
14	10		follows:
15	11		(a) Except as provided by Subsection (a-1), it [It] is an
16	12		affirmative defense to prosecution of, or an action under
17	13		Subchapter F for, the offense of operating a vehicle with a single
18	14		axle weight or tandem axle weight heavier than the axle weight
19	15		authorized by law that at the time of the offense the vehicle:
20	16		(1) had a single axle weight or tandem axle weight that
21	17		was not heavier than the axle weight authorized by law plus 12
22	18		percent;
23	19		(2) was loaded with timber, pulp wood, wood chips, or
24	20		cotton, livestock, or other agricultural products that are:
25	21		(A) in their natural state; and
26	22		(B) being transported from the place of
27	23		production to the place of first marketing or first processing; and
28	24		(3) was not being operated on a portion of the national
29	25		system of interstate and defense highways.
30	26		(a-1) The affirmative defense provided by Subsection (a)
31	27		does not apply to the excess weights authorized under Section
32	28		623.401(b).
33	29		SECTION 2. Chapter 623, Transportation Code, is amended by
34	30		adding Subchapter U to read as follows:
35	31		SUBCHAPTER U. VEHICLES TRANSPORTING FLUID MILK
36	32		Sec. 623.401. PERMIT FOR VEHICLES TRANSPORTING FLUID MILK.
37	33		(a) The department may issue a permit authorizing the movement of
38	34		fluid milk by a truck-tractor and semitrailer combination that has
39	35		six total axles and is equipped with a roll stability support safety
40	36		system and truck blind spot systems:
41	37		(1) at a gross weight that is not heavier than 90,000
42	38		pounds; and
43	39		(2) with axle weights that comply with the
44	40		requirements of Section 621.101(a), except as authorized by
45	41		Subsection (b).
46	42		(b) A vehicle combination operating under a permit issued
47	43		under Subsection (a) may exceed the axle weights listed in Section
48	44		621.101(a) for the following axle groups if the overall distance
49	45		between the first axle of the truck-tractor and the first axle of
50	46		the first consecutive set of tandem axles is 15 feet or more, the
51	47		overall distance between the first and last axles of two
52	48		consecutive sets of tandem axles is 36 feet or more, the distance
53	49		between each individual axle in each axle group, measured from the
54	50		center of the axle, is between 48 inches and 54 inches, and:
55	51		(1) a two-axle group does not exceed 36,500 pounds;
56	52		and
57	53		(2) a three-axle group does not exceed 42,500 pounds.
58	54		(c) To qualify for a permit under this subchapter, a permit
59	55		fee of $1,200 must be paid.
60	56		(d) A permit issued under this subchapter:
61	57		(1) is valid for one year; and
62	58		(2) must be carried in the truck-tractor for which it
63	59		is issued.
64	60		Sec. 623.402. PERMIT STICKER. (a) When the department
65	61		issues a permit under this subchapter, the department shall issue a
66	62		sticker to be placed on the front windshield of the truck-tractor.
67	63		The department shall design the form of the sticker to aid in the
68	64		enforcement of weight limits for vehicles.
69	65		(b) The sticker must:
70	66		(1) indicate the expiration date of the permit; and
71	67		(2) be removed from the truck-tractor when:
72	68		(A) the permit for operation of the vehicle
73	69		combination expires;
74	70		(B) a lease of the truck-tractor expires; or
75	71		(C) the truck-tractor is sold.
76		-	Sec. 623.403. COUNTY DESIGNATION; DISTRIBUTION OF FEE. ~~(a)~~
77		-	An applicant for a permit under this subchapter must designate in
78		-	the permit application the counties in which the applicant ~~intends~~
79		-	to operate. A permit issued under this subchapter is not ~~valid in a~~
80		-	county that is not designated in the permit application.
	72	+	Sec. 623.403. COUNTY DESIGNATION; DISTRIBUTION OF FEE.
	73	+	(a) An applicant for a permit under this subchapter must designate
	74	+	in the permit application the counties in which the applicant
	75	+	intends to operate. A permit issued under this subchapter is not
	76	+	valid in a county that is not designated in the permit application.
81	77		(b) Of the fee collected under this subchapter for a permit:
82	78		(1) 75 percent of the amount collected shall be
83	79		deposited to the credit of the state highway fund;
84	80		(2) 15 percent of the amount collected shall be
85	81		divided equally among and distributed to the counties designated in
86	82		the permit application; and
87	83		(3) 10 percent of the amount collected shall be
88	84		deposited to the credit of the Texas Department of Motor Vehicles
89	85		fund.
90	86		(c) At least once each fiscal year, the comptroller shall
91	87		send the amount due each county under Subsection (b) to the county
92	88		treasurer or officer performing the function of that office for
93	89		deposit to the credit of the county road and bridge fund.
94		-	Sec. 623.404. PERMIT CONDITIONS. (a) Except as provided by
95		-	Subsections (b) and (c), a vehicle combination operating under a
	90	+	Sec. 623.404. PERMIT CONDITIONS. (a) Except as provided
	91	+	by Subsections (b) and (c), a vehicle combination operating under a
96	92		permit under this subchapter may operate on a federal interstate
97	93		highway or a state, county, or municipal road, including a frontage
98	94		road adjacent to a federal interstate highway, if the truck-tractor
99	95		displays a sticker required by Section 623.402 and the vehicle
100	96		combination does not exceed the maximum axle or gross weight
101	97		applicable to the combination under the terms of the permit.
102	98		(b) A permit issued under this subchapter authorizes the
103	99		operation of a truck-tractor and semitrailer combination only on
104	100		highways and roads approved by the Texas Department of
105	101		Transportation.
106	102		(c) A permit issued under this subchapter does not authorize
107	103		the operation of a truck-tractor and semitrailer combination on a
108	104		county road or bridge for which a maximum weight and load limit has
109	105		been established and posted under Section 621.301.
110	106		Sec. 623.405. CERTAIN COUNTY OR MUNICIPAL ACTIONS
111	107		PROHIBITED. Unless otherwise provided by state or federal law, a
112	108		county or municipality may not require a permit, fee, or license for
113	109		the operation of a vehicle combination described by Section
114	110		623.401(a) or (b) in addition to a permit, fee, or license required
115	111		by state law.
116	112		Sec. 623.406. EXCLUSIVE PERMIT. A permit issued under this
117	113		subchapter is the only permit issued by the department under this
118	114		chapter that may be used to transport fluid milk.
119	115		Sec. 623.407. RULES. (a) The department shall adopt rules
120	116		necessary to implement this subchapter, including rules governing
121	117		the application for a permit under this subchapter.
122	118		(b) The Department of Public Safety shall adopt rules
123	119		requiring additional safety and driver training for permits issued
124	120		under this subchapter.
125	121		SECTION 3. Section 623.003(b), Transportation Code, is
126	122		amended to read as follows:
127	123		(b) The Texas Department of Transportation shall provide
128	124		the department with all routing information necessary to complete a
129	125		permit issued under Section 623.071, 623.121, 623.142, [or]
130	126		623.192, or 623.401.
131	127		SECTION 4. This Act takes effect January 1, 2018.
	128	+	______________________________ ______________________________
	129	+	President of the Senate Speaker of the House
	130	+	I hereby certify that S.B. No. 1383 passed the Senate on
	131	+	April 11, 2017, by the following vote: Yeas 28, Nays 3; and that
	132	+	the Senate concurred in House amendment on May 26, 2017, by the
	133	+	following vote: Yeas 28, Nays 3.
	134	+	______________________________
	135	+	Secretary of the Senate
	136	+	I hereby certify that S.B. No. 1383 passed the House, with
	137	+	amendment, on May 22, 2017, by the following vote: Yeas 137,
	138	+	Nays 8, one present not voting.
	139	+	______________________________
	140	+	Chief Clerk of the House
	141	+	Approved:
	142	+	______________________________
	143	+	Date
	144	+	______________________________
	145	+	Governor