Texas 2017 - 85th Regular

Texas Senate Bill SB1524 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1524
	1	+	85R23942 JRR-F
	2	+	By: Nichols, et al. S.B. No. 1524
	3	+	(Morrison, Martinez, Paddie, Bonnen of Brazoria,
	4	+	Deshotel)
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5		-	relating to the movement of certain vehicles~~, including vehicles~~
6		-	~~transporting an~~ intermodal shipping container; authorizing a fee;
7		-	~~creating an~~ offense.
	9	+	relating to the movement of certain vehicles transporting an
	10	+	intermodal shipping container; authorizing a fee; creating an
	11	+	offense.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Section 550.062, Transportation Code, is amended
10	14		by adding Subsection (b-1) to read as follows:
11	15		(b-1) If the motor vehicle accident involved a combination
12	16		of vehicles operating under a permit issued under Section 623.402,
13	17		the report required by Subsection (a) must include the weight and
14	18		the number of axles of the vehicle combination.
15	19		SECTION 2. Section 621.303, Transportation Code, is amended
16	20		to read as follows:
17	21		Sec. 621.303. MUNICIPAL REGULATION OF LOADS AND EQUIPMENT.
18	22		(a) The governing body of any municipality may regulate the
19	23		movement and operation on a public road, other than a state highway
20	24		in the territory of the municipality, of:
21	25		(1) an overweight, oversize, or overlength commodity
22	26		that cannot reasonably be dismantled; and
23	27		(2) superheavy or oversize equipment for the
24	28		transportation of an overweight, oversize, or overlength commodity
25	29		that cannot be reasonably dismantled.
26	30		(b) The governing body of a municipality may not, because of
27	31		weight, regulate the movement and operation on a state highway or
28	32		county or municipal road of a combination of vehicles operating
29	33		under a permit issued under Section 623.402.
30	34		SECTION 3. Chapter 623, Transportation Code, is amended by
31	35		adding Subchapter U to read as follows:
32	36		SUBCHAPTER U. INTERMODAL SHIPPING CONTAINERS
33	37		Sec. 623.401. DEFINITION. In this subchapter, "intermodal
34	38		shipping container" means an enclosed, standardized, reusable
35	39		container that:
36	40		(1) is used to pack, ship, move, or transport cargo;
37	41		(2) is designed to be carried on a semitrailer and
38	42		loaded onto or unloaded from:
39	43		(A) a ship or vessel for international
40	44		transportation; or
41	45		(B) a rail system for international
42	46		transportation; and
43	47		(3) when combined with vehicles transporting the
44	48		container, has a gross weight or axle weight that exceeds the limits
45	49		allowed by law to be transported over a state highway or county or
46	50		municipal road.
47	51		Sec. 623.402. ISSUANCE OF PERMIT. (a) The department may
48	52		issue an annual permit authorizing the movement of a sealed
49	53		intermodal shipping container moving in international
50	54		transportation by a truck-tractor and semitrailer combination that
51	55		has six total axles and is equipped with a roll stability support
52	56		safety system and truck blind spot systems only if:
53	57		(1) the gross weight of the combination does not
54	58		exceed 93,000 pounds;
55	59		(2) the distance between the front axle of the
56	60		truck-tractor and the last axle of the semitrailer, measured
57	61		longitudinally, is approximately 647 inches;
58	62		(3) the truck-tractor is configured as follows:
59	63		(A) one single axle that does not exceed 13,000
60	64		pounds;
61	65		(B) one two-axle group that does not exceed
62	66		37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
63	67		and
64	68		(C) the distance between the individual axles on
65	69		the two-axle group of the truck-tractor, measured longitudinally,
66	70		is not less than 51 inches and not more than 52 inches; and
67	71		(4) the semitrailer is configured as follows:
68	72		(A) one three-axle group that does not exceed
69	73		49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
70	74		and
71	75		(B) the distance between the individual axles in
72	76		the three-axle group of the semitrailer, measured longitudinally,
73	77		is 60 inches.
74	78		(b) The department may issue an annual permit authorizing
75	79		the movement of a sealed intermodal shipping container moving in
76	80		international transportation by a truck-tractor and semitrailer
77	81		combination that has seven total axles and is equipped with a roll
78	82		stability support safety system and truck blind spot systems only
79	83		if:
80	84		(1) the gross weight of the combination does not
81	85		exceed 100,000 pounds;
82	86		(2) the distance between the front axle of the
83	87		truck-tractor and the last axle of the semitrailer, measured
84	88		longitudinally, is approximately 612 inches;
85	89		(3) the truck-tractor is configured as follows:
86	90		(A) one single axle that does not exceed 15,000
87	91		pounds;
88	92		(B) one three-axle group that does not exceed
89	93		44,500 pounds, in which no axle in the group exceeds 14,900 pounds;
90	94		and
91	95		(C) the distance between the individual axles on
92	96		the three-axle group of the truck-tractor, measured
93	97		longitudinally, is not less than 51 inches and not more than 52
94	98		inches; and
95	99		(4) the semitrailer is configured as follows:
96	100		(A) one three-axle group that does not exceed
97	101		46,200 pounds, in which no axle in the group exceeds 15,400 pounds;
98	102		and
99	103		(B) the distance between the individual axles in
100	104		the three-axle group of the semitrailer, measured longitudinally,
101	105		is 60 inches.
102	106		(c) For purposes of Subsections (a) and (b), the gross
103	107		weight, group weights, and axle weights listed in those subsections
104	108		include all enforcement tolerances.
105	109		Sec. 623.403. COUNTY AND MUNICIPALITY DESIGNATION. (a) An
106	110		applicant for a permit under this subchapter must designate each
107	111		county and municipality in which the permit will be used.
108	112		(b) A permit issued under this subchapter is not valid in a
109	113		county or municipality that is not designated in the permit
110	114		application.
111	115		Sec. 623.404. PERMIT FEE. (a) An application for a permit
112	116		under Section 623.402(a) or (b) must be accompanied by a permit fee
113		-	of $6,000, of which:
114		-	(1) 50 percent shall be deposited to the credit of the
	117	+	of $5,000, of which:
	118	+	(1) 60 percent shall be deposited to the credit of the
115	119		state highway fund;
116		-	(2) 30 percent shall be equally divided among and
	120	+	(2) 35 percent shall be equally divided among and
117	121		distributed to each county designated in the permit application;
118		-	(3) 16 percent shall be equally divided among and
	122	+	and
	123	+	(3) 5 percent shall be equally divided among and
119	124		distributed to each municipality designated in the permit
120		-	application; and
121		-	(4) 4 percent shall be deposited to the credit of the
122		-	Texas Department of Motor Vehicles fund.
	125	+	application.
123	126		(b) At least once each fiscal year, the comptroller shall
124	127		send the amount due each county under Subsection (a) to the county
125	128		treasurer or office performing the function of that office for
126	129		deposit to the credit of the county road and bridge fund.
127	130		(c) At least once each fiscal year, the comptroller shall
128	131		send the amount due each municipality under Subsection (a) to the
129	132		office performing the function of treasurer for the municipality.
130	133		A municipality may use funds received under this subsection only to
131	134		fund commercial motor vehicle enforcement programs or road or
132	135		bridge maintenance or infrastructure projects.
133		-	(d) Notwithstanding Subsection (a), the amount of a fee
134		-	under Subsection (a) to accompany a permit application that is
135		-	received on or after January 1, 2028, must be determined by the
136		-	department after consultation with The University of Texas Center
137		-	for Transportation Research and the Texas A&M Transportation
138		-	Institute.
139	136		Sec. 623.405. ROUTE RESTRICTIONS. (a) A permit issued
140	137		under this subchapter does not authorize the operation of a
141	138		truck-tractor and semitrailer combination on:
142	139		(1) the national system of interstate and defense
143	140		highways; or
144	141		(2) load-restricted roads or bridges, including a road
145	142		or bridge for which a maximum weight and load limit has been
146	143		established and posted by the Texas Department of Transportation
147	144		under Section 621.102 or the commissioners court of a county under
148	145		Section 621.301.
149	146		(b) Subject to Section 623.406, a permit issued under this
150	147		subchapter authorizes the operation of a truck-tractor and
151	148		semitrailer combination only on highways and roads approved by the
152	149		Texas Department of Transportation.
153		-	Sec. 623.406. PERMIT CONDITIONS. (a) In this section:
154		-	(1) "Port authority" means a port authority or
155		-	navigation district created or operating under Section 52, Article
156		-	III, or Section 59, Article XVI, Texas Constitution.
157		-	(2) "Port of entry" has the meaning assigned by
158		-	Section 621.001.
	150	+	Sec. 623.406. PERMIT CONDITIONS. (a) In this section,
	151	+	"port of entry" has the meaning assigned by Section 621.001.
159	152		(b) The transportation of a sealed intermodal shipping
160	153		container under a permit issued under this subchapter:
161		-	(1) must begin or end at a port authority or port of
162		-	entry that is located in a county contiguous to the Gulf of Mexico
163		-	or a bay or inlet opening into the gulf; and
164		-	(2) may not exceed 30 miles from the port authority or
165		-	port of entry and must be on a highway or road described by Section
166		-	623.405(b).
	154	+	(1) must begin or end at a port of entry that is
	155	+	located:
	156	+	(A) in a county contiguous to the Gulf of Mexico
	157	+	or a bay or inlet opening into the gulf; or
	158	+	(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).
167	162		(c) In addition to the requirements of Subsection (b), the
168	163		intermodal shipping container must be continuously sealed from the
169	164		point of origin to the point of destination with a seal that is
170	165		required by:
171	166		(1) the United States Customs and Border Protection;
172	167		(2) the United States Food and Drug Administration; or
173	168		(3) federal law or regulation.
174	169		(d) A permit issued under this subchapter does not authorize
175	170		the transportation of a material designated as of January 1, 2017,
176	171		as a hazardous material by the United States secretary of
177	172		transportation under 49 U.S.C. Section 5103(a).
178	173		(e) A permit issued under this subchapter does not authorize
179	174		the transportation of a sealed intermodal shipping container in a
180	175		county that borders New Mexico and the United Mexican States.
181	176		Sec. 623.407. PERMIT STICKER. (a) When the department
182	177		issues a permit under this subchapter, the department shall issue a
183	178		sticker to be placed on the front windshield of the truck-tractor.
184	179		The department shall design the form of the sticker to aid in the
185	180		enforcement of weight limits.
186	181		(b) The sticker must:
187	182		(1) indicate the expiration date of the permit; and
188	183		(2) be removed from the truck-tractor when:
189	184		(A) the permit for operation of the truck-tractor
190	185		expires;
191	186		(B) a lease of the truck-tractor expires; or
192	187		(C) the truck-tractor is sold.
193	188		Sec. 623.408. PERMIT AND WEIGHT RECORD DOCUMENTS. (a) A
194	189		permit issued under this subchapter must be carried in the
195	190		truck-tractor for which the permit is issued.
196	191		(b) A copy of the weight record in the form prescribed by the
197	192		department must contain the information required by Section
198	193		621.410(c) and must be:
199	194		(1) carried in the truck-tractor if the truck-tractor
200	195		is:
201	196		(A) on a public highway or road; and
202	197		(B) transporting an intermodal shipping
203	198		container that contains cargo; and
204	199		(2) presented, on request, to an officer authorized to
205	200		enforce this subtitle, regardless of whether a weight record is
206	201		required under Section 621.410.
207	202		Sec. 623.409. OFFENSE. (a) A person commits an offense if
208	203		the person fails to:
209	204		(1) display the sticker described by Section
210	205		623.407(a) in the manner required by that section;
211	206		(2) carry a permit issued under this subchapter as
212	207		required by Section 623.408(a); or
213	208		(3) carry or present a weight record as required by
214	209		Section 623.408(b).
215	210		(b) An offense under this section is a Class C misdemeanor.
216		-	Sec. 623.410. STUDY. Beginning in 2022, not later than
217		-	September 1 of each even-numbered year, the Texas Department of
218		-	Transportation shall conduct a study concerning vehicles operating
219		-	under a permit issued under this subchapter and publish the results
220		-	of the study. In conducting the study, the Texas Department of
221		-	Transportation shall collect and examine the following
222		-	information:
223		-	(1) the weight and configuration of vehicles operating
224		-	under a permit issued under this subchapter that are involved in a
225		-	motor vehicle accident;
226		-	(2) the types of vehicles operating under a permit
227		-	issued under this subchapter;
228		-	(3) traffic volumes and variations of vehicles
229		-	operating under a permit issued under this subchapter;
230		-	(4) weigh-in-motion data for highways and roads
231		-	located in and around the area described by Section 623.405(b);
232		-	(5) impacts to state and local bridges, including
233		-	long-term bridge performance, for bridges located in and around the
234		-	area described by Section 623.405(b); and
235		-	(6) impacts to state and local roads, including
236		-	changes in pavement design standards, construction specification
237		-	details, maintenance frequency and types, and properties of
238		-	pavement and underlying soils resulting from or necessitated by
239		-	vehicles operating under a permit issued under this subchapter.
240		-	Sec. 623.411. RULES. (a) The department shall adopt rules
	211	+	Sec. 623.410. RULES. (a) The department shall adopt rules
241	212		necessary to implement this subchapter, including rules governing
242	213		the application for a permit under this subchapter.
243	214		(b) The Department of Public Safety shall adopt rules
244	215		requiring additional safety and driver training for permits issued
245	216		under this subchapter.
246	217		SECTION 4. Section 623.003(b), Transportation Code, is
247	218		amended to read as follows:
248	219		(b) The Texas Department of Transportation shall provide
249	220		the department with all routing information necessary to complete a
250	221		permit issued under Section 623.071, 623.121, 623.142, [or]
251	222		623.192, or 623.402.
252	223		SECTION 5. Section 623.018(d), Transportation Code, is
253	224		amended to read as follows:
254	225		(d) If a vehicle is being operated in compliance with [has]
255	226		a permit issued under Section 623.011 or 623.402, a commissioners
256	227		court may not:
257	228		(1) issue a permit under this section or charge an
258	229		additional fee for or otherwise regulate or restrict the operation
259	230		of the vehicle because of weight; or
260	231		(2) require the owner or operator to:
261	232		(A) execute or comply with a road use agreement
262	233		or indemnity agreement;
263	234		(B) [, to] make a filing or application; or
264	235		(C) [, or to] provide a bond or letter of credit,
265	236		other than the bond or letter of credit prescribed by Section
266	237		623.012 for a vehicle issued a permit under Section 623.011.
267		-	SECTION 6. Section 623.019(f), Transportation Code, is
268		-	amended to read as follows:
269		-	(f) A justice or municipal court [of the peace] has
270		-	jurisdiction of an [any] offense under this section. [A municipal
271		-	court has jurisdiction of an offense under this section in which the
272		-	fine does not exceed $500.]
273		-	SECTION 7. Subchapter D, Chapter 623, Transportation Code,
	238	+	SECTION 6. Subchapter D, Chapter 623, Transportation Code,
274	239		is amended by adding Section 623.070 to read as follows:
275	240		Sec. 623.070. NONAPPLICABILITY OF SUBCHAPTER. This
276	241		subchapter does not apply to the transportation of an intermodal
277	242		shipping container as defined by Section 623.401, regardless of
278	243		whether the container is sealed or unsealed.
279		-	SECTION 8. This Act takes effect January 1, 2018.
280		-	______________________________ ______________________________
281		-	President of the Senate Speaker of the House
282		-	I hereby certify that S.B. No. 1524 passed the Senate on
283		-	April 10, 2017, by the following vote: Yeas 26, Nays 5; and that
284		-	the Senate concurred in House amendments on May 16, 2017, by the
285		-	following vote: Yeas 25, Nays 5.
286		-	______________________________
287		-	Secretary of the Senate
288		-	I hereby certify that S.B. No. 1524 passed the House, with
289		-	amendments, on May 11, 2017, by the following vote: Yeas 83,
290		-	Nays 51, two present not voting.
291		-	______________________________
292		-	Chief Clerk of the House
293		-	Approved:
294		-	______________________________
295		-	Date
296		-	______________________________
297		-	Governor
	244	+	SECTION 7. This Act takes effect January 1, 2018.