Texas 2017 - 85th Regular

Texas Senate Bill SB1608 Compare Versions

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11 By: Creighton S.B. No. 1608
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the operation of vehicles transporting mobile cranes.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 621.102(d), Transportation Code, is
99 amended to read as follows:
1010 (d) A vehicle operating under a permit issued under Section
1111 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
1212 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
1313 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
1414 operate under the conditions authorized by the permit over a road
1515 for which the executive director of the Texas Department of
1616 Transportation has set a maximum weight under this section.
1717 SECTION 2. Section 621.301(e), Transportation Code, is
1818 amended to read as follows:
1919 (e) A vehicle operating under a permit issued under Section
2020 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,
2121 623.212, [or] 623.321, or 623.402 [as added by Chapter 1135 (H.B.
2222 2741), Acts of the 83rd Legislature, Regular Session, 2013,] may
2323 operate under the conditions authorized by the permit over a road
2424 for which the commissioners court has set a maximum weight under
2525 this section.
2626 SECTION 3. Chapter 623, Transportation Code, is amended by
2727 adding Subchapter U to read as follows:
2828 SUBCHAPTER U. MOBILE CRANES
2929 Sec. 623.401. DEFINITION. In this subchapter, "mobile
3030 crane" means a self-propelled vehicle that is:
3131 (1) used solely to raise, shift, or lower heavy
3232 weights by means of a projecting, swinging mast with an engine for
3333 power on a chassis permanently constructed or assembled for that
3434 purpose; and
3535 (2) designed to be moved between operating locations
3636 by transport over a roadway.
3737 Sec. 623.402. PERMIT FOR VEHICLE TRANSPORTING MOBILE CRANE.
3838 (a) The department shall issue a permit that authorizes the
3939 operation of a vehicle or combination of vehicles transporting
4040 mobile crane at a gross weight that is not heavier than 100,000
4141 pounds.
4242 (b) A permit issued under this subchapter:
4343 (1) is valid for one year, except as provided by
4444 Subsection(d); and
4545 (2) must be carried in the vehicle for which it is
4646 issued.
4747 (c) A vehicle issued a permit under this subchapter may
4848 operate on a state, county, or municipal road, including a
4949 load-zoned county road or a frontage road adjacent to a federal
5050 interstate highway, if the vehicle displays a sticker required by
5151 Section 623.403 and does not exceed the maximum gross weight
5252 authorized under Subsection(a).
5353 (d) The department may issue a permit under this subchapter
5454 that is valid for a period of less than one year. The department
5555 shall prorate any applicable fee required for a permit issued under
5656 this subsection as necessary to reflect the term of the permit.
5757 Sec. 623.403. PERMIT STICKER. (a) When the department
5858 issues a permit under this subchapter, the department shall issue a
5959 sticker to be placed on the front windshield of the vehicle. The
6060 department shall design the form of the sticker to aid in the
6161 enforcement of weight limits for vehicles.
6262 (b) The sticker must:
6363 (1) indicate the expiration date of the permit; and
6464 (2) be removed from the vehicle when:
6565 (A) the permit for operation of the vehicle
6666 expires;
6767 (B) a lease of the vehicle expires; or
6868 (C) the vehicle is sold.
6969 Sec. 623.404. COUNTY DESIGNATION. The department by rule
7070 shall require an applicant under this subchapter to designate in
7171 the permit application the counties in which the applicant intends
7272 to operate.
7373 Sec. 623.405. CERTAIN COUNTY OR MUNICIPAL ACTIONS
7474 PROHIBITED. Unless otherwise provided by state or federal law, a
7575 county or municipality may not require a permit, fee, or license for
7676 the operation of a vehicle described by Section 623.402(a) in
7777 addition to a permit, fee, or license required by state law.
7878 Sec. 623.406. TIMES AND DAYS OF MOVEMENT. (a) Movement
7979 authorized by a permit issued under this subchapter may be made on
8080 any day, provided that in a county with a population of more than
8181 300,000, movement may not be made between:
8282 (1) 7 a.m. and 9 a.m.; and
8383 (2) 4 p.m. and 6 p.m.
8484 (b) For counties with a population less than 300,000, the
8585 Texas Department of Transportation, in coordination with local
8686 units of government, may limit the hours for travel on certain
8787 routes because of heavy or dangerous traffic conditions.
8888 (c) The Texas Department of Transportation shall publish
8989 the limitation on movements prescribed by this section and the
9090 limitations adopted under Subsection (b) and shall make the
9191 publications available to the public. Each limitation adopted by
9292 the Texas Department of Transportation must be made available to
9393 the public before it takes effect.
9494 Sec. 623.407. INTERSTATE AND DEFENSE HIGHWAYS. (a) This
9595 subchapter does not authorize the operation on the national system
9696 of interstate and defense highways in this state of a vehicle of a
9797 size or weight greater than those permitted under 23 U.S.C. Section
9898 127.
9999 (b) If the United States authorizes the operation on the
100100 national system of interstate and defense highways of a vehicle of a
101101 size or weight greater than those permitted under 23 U.S.C. Section
102102 127 on September 1, 2017, the new limit automatically takes effect
103103 on the national system of interstate and defense highways in this
104104 state.
105105 SECTION 4. STUDY OF ISSUES RELATING TO TRUCK TRAFFIC ON
106106 TOLLROADS OF THIS STATE. The 85th Legislature of the State of Texas
107107 hereby requests that the lieutenant governor and the speaker of the
108108 house of representatives to create a joint interim committee to
109109 study the issue of overweight truck access to toll roads and the
110110 cost and benefits thereof, and that the committee's proceedings and
111111 operations be governed by such general rules and policies for joint
112112 interim committees as the 85th Legislature may adopt.
113113 SECTION 5. This Act takes effect September 1, 2017.