Texas 2017 - 85th Regular

Texas Senate Bill SB1939 Compare Versions

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Version 2 (New)

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1	1		By: Hughes S.B. No. 1939
2		-	(VanDeaver)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to permits for the movement of intermodal shipping
8	7		containers; authorizing a fee.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Subchapter B, Chapter 623, Transportation Code,
11	10		is amended by adding Section 623.0172 to read as follows:
12	11		Sec. 623.0172. PERMIT FOR INTERMODAL SHIPPING CONTAINER.
13	12		(a) In this section, "intermodal shipping container" means an
14	13		enclosed, standardized, reusable container that:
15	14		(1) is used to pack, ship, move, or transport cargo;
16	15		(2) is designed to be carried on a semitrailer and
17	16		loaded onto or unloaded from:
18	17		(A) a ship or vessel for international
19	18		transportation; or
20	19		(B) a rail system for international
21	20		transportation; and
22	21		(3) when combined with vehicles transporting the
23	22		container, has a gross weight or axle weight that exceeds the limits
24	23		allowed by law to be transported over a state highway or county or
25	24		municipal road.
26	25		(b) The department shall issue an annual permit for the
27	26		international transportation of an intermodal shipping container
28	27		moving by a truck-tractor and semitrailer combination that has six
29	28		total axles and is equipped with a roll stability support safety
30	29		system and truck blind spot systems only if:
31	30		(1) the gross weight of the combination does not
32	31		exceed 93,000 pounds;
33	32		(2) the distance between the front axle of the
34	33		truck-tractor and the last axle of the semitrailer, measured
35	34		longitudinally, is approximately 647 inches;
36	35		(3) the truck-tractor is configured as follows:
37	36		(A) one single axle that does not exceed 13,000
38	37		pounds;
39	38		(B) one two-axle group that does not exceed
40	39		37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
41	40		and
42	41		(C) the distance between the individual axles on
43	42		the two-axle group of the truck-tractor, measured longitudinally,
44	43		is not less than 51 inches and not more than 52 inches; and
45	44		(4) the semitrailer is configured as follows:
46	45		(A) one three-axle group that does not exceed
47	46		49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
48	47		and
49	48		(B) the distance between the individual axles in
50	49		the three-axle group of the semitrailer, measured longitudinally,
51	50		is 60 inches.
52	51		(c) The department shall restrict vehicles operating under
53	52		a permit issued under this section to routes that are:
54	53		(1) located in a county with a population of more than
55	54		90,000;
56	55		(2) on highways in the state highway system; and
57	56		(3) not more than five miles from the border between
58	57		this state and Arkansas.
59	58		(d) An intermodal shipping container being moved under a
60	59		permit issued under this section must be continuously sealed from
61	60		the point of origin to the point of destination with a seal that is
62	61		required by:
63	62		(1) the United States Customs and Border Protection;
64	63		(2) the United States Food and Drug Administration; or
65	64		(3) federal law or regulation.
66	65		(e) A permit issued under this section does not authorize
67	66		the operation of a vehicle combination described by Subsection (b)
68	67		on:
69	68		(1) load-restricted roads or bridges, including a road
70	69		or bridge for which a maximum weight and load limit has been
71	70		established and posted by the Texas Department of Transportation
72	71		under Section 621.102; or
73	72		(2) routes for which the Texas Department of
74	73		Transportation has not authorized the operation of a vehicle
75	74		combination described by Subsection (b).
76	75		(f) A permit issued under this subchapter does not authorize
77	76		the transportation of a material designated as of January 1, 2017,
78	77		as a hazardous material by the United States secretary of
79	78		transportation under 49 U.S.C. Section 5103(a).
80	79		(g) An applicant for a permit under this section must
81	80		designate each Texas Department of Transportation district in which
82	81		the permit will be used.
83	82		(h) The department shall initially set the fee for a permit
84	83		issued under this section in an amount not to exceed $2,000.
85	84		Beginning in 2022, on September 1 of each even-numbered year the
86	85		department shall set the fee for a permit issued under this section
87	86		in an amount based on a reasonable estimate of the costs associated
88	87		with the operation of vehicles issued a permit under this section
89	88		over routes described by Subsection (c), including any increase in
90	89		the costs necessary to maintain or repair those highways. The
91	90		estimate shall be based on the results of the study conducted under
92	91		Subsection (l).
93	92		(i) Of the fee collected under this section for a permit:
94	93		(1) 90 percent shall be deposited to the credit of the
95	94		state highway fund;
96	95		(2) 5 percent shall be deposited to the credit of the
97	96		Texas Department of Motor Vehicles fund; and
98	97		(3) 5 percent shall be deposited to the appropriate
99	98		county road and bridge fund.
100	99		(j) A fee deposited under Subsection (i)(1) may only be used
101	100		for transportation projects in the Texas Department of
102	101		Transportation district designated in the permit application for
103	102		which the fee was assessed.
104	103		(k) The department may suspend a permit issued under this
105	104		section if the department receives notice from the Federal Highway
106	105		Administration that the operation of a vehicle under a permit
107	106		authorized by this section would result in the loss of federal
108	107		highway funding.
109	108		(l) Beginning in 2022, not later than September 1 of each
110	109		even-numbered year, the Texas Department of Transportation shall
111	110		conduct a study concerning vehicles operating under a permit issued
112	111		under this section and publish the results of the study. In
113	112		conducting the study, the Texas Department of Transportation shall
114	113		collect and examine the following information:
115	114		(1) the weight and configuration of vehicles operating
116	115		under a permit under this section that are involved in a motor
117	116		vehicle accident;
118	117		(2) the types of vehicles operating under a permit
119	118		issued under this section;
120	119		(3) traffic volumes and variations of vehicles
121	120		operating under a permit issued under this section;
122	121		(4) weigh-in-motion data for highways located in and
123	122		around the area described by Subsection (c);
124	123		(5) impacts to state and local bridges, including
125	124		long-term bridge performance, for bridges located in and around the
126	125		area described by Subsection (c); and
127	126		(6) impacts to state and local roads, including
128	127		changes in pavement design standards, construction specification
129	128		details, maintenance frequency and types, and properties of
130	129		pavement and underlying soils resulting from or necessitated by
131	130		vehicles operating under a permit issued under this section.
132	131		SECTION 2. This Act takes effect September 1, 2017.