Texas 2017 - 85th 1st C.S.

Texas House Bill HB221 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10900 JRR-F
2	2	By: Pickett H.B. No. 221
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to motor vehicle size and weight limitations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 622, Transportation Code, is amended by
10	10	adding Subchapter K to read as follows:
11	11	SUBCHAPTER K. AUTOMOBILE AND BOAT TRANSPORTERS
12	12	Sec. 622.151. DEFINITIONS. In this subchapter:
13	13	(1) "Automobile transporter" and "backhaul" have the
14	14	meanings assigned by 49 U.S.C. Section 31111.
15	15	(2) "Boat transporter" has the meaning assigned by 23
16	16	C.F.R. Section 658.5.
17	17	(3) "Stinger-steered" means a truck-tractor and
18	18	semitrailer combination in which the fifth wheel is located on a
19	19	drop frame located behind and below the rearmost axle of the
20	20	truck-tractor.
21	21	Sec. 622.152. AUTOMOBILE TRANSPORTER BACKHAULS. An
22	22	automobile transporter that complies with the weight and size
23	23	limitations for a truck-tractor and semitrailer combination under
24	24	this subtitle may transport cargo or general freight on a backhaul.
25	25	Sec. 622.153. MAXIMUM EXTENDED LENGTH OF LOAD.
26	26	Notwithstanding Section 621.206, an automobile transporter that is
27	27	stinger-steered may carry a load that extends not more than:
28	28	(1) four feet beyond its front; and
29	29	(2) six feet beyond its rear.
30	30	Sec. 622.154. RULES FOR BOAT TRANSPORTERS. If the United
31	31	States secretary of transportation or the secretary's designee
32	32	adopts regulations regarding the following, the board of the
33	33	department may adopt rules to implement the regulations:
34	34	(1) authority for an operator to haul cargo or general
35	35	freight with a boat transporter on a backhaul; or
36	36	(2) authority for an operator to exceed the overhang
37	37	limits with a stinger-steered boat transporter to the same extent
38	38	authorized by Section 622.153 for an automobile transporter.
39	39	SECTION 2. Section 622.902, Transportation Code, is amended
40	40	to read as follows:
41	41	Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
42	42	provided by Sections 621.203, 621.204, and [to] 621.205 do not
43	43	apply to:
44	44	(1) machinery used exclusively for drilling water
45	45	wells, including machinery that is itself a unit or that is a unit
46	46	mounted on a conventional vehicle or chassis;
47	47	(2) a vehicle owned or operated by a public, private,
48	48	or volunteer fire department;
49	49	(3) a vehicle or combination of vehicles operated
50	50	exclusively in the territory of a municipality or to a combination
51	51	of vehicles operated by a municipality in a suburb adjoining the
52	52	municipality in which the municipality has been using the equipment
53	53	or similar equipment in connection with an established service to
54	54	the suburb;
55	55	(4) a truck-tractor, truck-tractor combination, or
56	56	truck-trailer combination exclusively transporting machinery,
57	57	materials, and equipment used in the construction, operation, and
58	58	maintenance of facilities, including pipelines, that are used for
59	59	the discovery, production, and processing of natural gas or
60	60	petroleum;
61	61	(5) a drive-away saddlemount vehicle transporter
62	62	combination or a drive-away saddlemount with fullmount vehicle
63	63	transporter combination, as defined by 23 C.F.R. Part 658 or its
64	64	successor, if:
65	65	(A) the overall length of the combination is not
66	66	longer than 97 feet; and
67	67	(B) the combination does not have more than three
68	68	saddlemounted vehicles if the combination does not include more
69	69	than one fullmount vehicle;
70	70	(6) the combination of a tow truck and another vehicle
71	71	or vehicle combination if:
72	72	(A) the other vehicle or vehicle combination
73	73	cannot be normally or safely driven or was abandoned on a highway;
74	74	and
75	75	(B) the tow truck is towing the other vehicle or
76	76	vehicle combination directly to the nearest authorized place of
77	77	repair, terminal, or destination of unloading;
78	78	(7) a vehicle or combination of vehicles used to
79	79	transport a harvest machine that is used in farm custom harvesting
80	80	operations on a farm if the overall length of the vehicle or
81	81	combination is not longer than:
82	82	(A) 75 feet if the vehicle is traveling on a
83	83	highway that is part of the national system of interstate and
84	84	defense highways or the federal aid primary highway system; or
85	85	(B) 81-1/2 feet if the vehicle is not traveling
86	86	on a highway that is part of the national system of interstate and
87	87	defense highways or the federal aid primary highway system; [or]
88	88	(8) a truck-tractor operated in combination with a
89	89	semitrailer and trailer or semitrailer and semitrailer if:
90	90	(A) the combination is used to transport a
91	91	harvest machine that is used in farm custom harvesting operations
92	92	on a farm;
93	93	(B) the overall length of the combination,
94	94	excluding the length of the truck-tractor, is not longer than
95	95	81-1/2 feet; and
96	96	(C) the combination is traveling on a highway
97	97	that:
98	98	(i) is not part of the national system of
99	99	interstate and defense highways or the federal aid primary highway
100	100	system; and
101	101	(ii) is located in a county with a
102	102	population of less than 300,000; or
103	103	(9) a towaway trailer transporter combination, as
104	104	defined by 49 U.S.C. Section 31111, if the overall length of the
105	105	combination is not longer than 82 feet.
106	106	SECTION 3. Section 622.952, Transportation Code, is amended
107	107	to read as follows:
108	108	Sec. 622.952. EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
109	109	The weight limitations of Section 621.101 do not apply to an
110	110	emergency [a] vehicle [owned or operated by a public, private, or
111	111	volunteer fire department].
112	112	(b) The weight of an emergency [a fire department's] vehicle
113	113	may not exceed the greater of:
114	114	(1) [be heavier than] the manufacturer's gross vehicle
115	115	weight capacity or axle design rating; or
116	116	(2) including all enforcement tolerances, a:
117	117	(A) gross weight of 86,000 pounds;
118	118	(B) single steering axle weight of 24,000 pounds;
119	119	(C) single drive axle weight of 33,500 pounds;
120	120	(D) tandem axle weight of 62,000 pounds; or
121	121	(E) tandem rear drive steer axle weight of 52,000
122	122	pounds.
123	123	(c) In this section, "emergency vehicle" means a vehicle
124	124	designed to be used under emergency conditions:
125	125	(1) to transport personnel and equipment; and
126	126	(2) to support the suppression of fires and mitigation
127	127	of other hazardous situations.
128	128	SECTION 4. Section 622.955(c), Transportation Code, is
129	129	amended to read as follows:
130	130	(c) The weight increase under Subsection (b) may not be
131	131	greater than 550 [400] pounds.
132	132	SECTION 5. Sections 623.071(a), (c), and (c-1),
133	133	Transportation Code, are amended to read as follows:
134	134	(a) The department may issue a permit to allow the operation
135	135	on [a person to operate over] a state highway of [superheavy or
136	136	oversize] equipment that exceeds the weight and size limits
137	137	provided by law for the movement of equipment [:
138	138	[(1) is used to transport cylindrically shaped bales of
139	139	hay] or a commodity that cannot reasonably be dismantled[; and
140	140	[(2) has a gross weight or size that exceeds the limits
141	141	allowed by law to be transported over a state highway].
142	142	(c) The department may issue an annual permit to allow the
143	143	operation on a state highway of equipment that exceeds weight and
144	144	size limits provided by law for the movement of:
145	145	(1) an implement of husbandry by a dealer;
146	146	(2) water well drilling machinery and equipment or
147	147	harvesting equipment being moved as part of an agricultural
148	148	operation; or
149	149	(3) [superheavy or oversize] equipment or a commodity
150	150	that:
151	151	(A) cannot reasonably be dismantled; and
152	152	(B) does not exceed:
153	153	(i) 12 feet in width;
154	154	(ii) 14 feet in height;
155	155	(iii) 110 feet in length; or
156	156	(iv) 120,000 pounds gross weight.
157	157	(c-1) The department may issue an annual permit that allows
158	158	a person to operate over a state highway or road a vehicle or
159	159	combination of vehicles transporting a load that cannot reasonably
160	160	be dismantled that exceeds the length and height limits provided by
161	161	law, except that:
162	162	(1) the maximum length allowed may not exceed 110
163	163	feet; and
164	164	(2) the maximum height allowed may not exceed 14 feet.
165	165	SECTION 6. The change in law made by this Act applies only
166	166	to an offense committed on or after the effective date of this Act.
167	167	An offense committed before the effective date of this Act is
168	168	governed by the law in effect on the date the offense was committed,
169	169	and the former law is continued in effect for that purpose. For
170	170	purposes of this section, an offense was committed before the
171	171	effective date of this Act if any element of the offense occurred
172	172	before that date.
173	173	SECTION 7. This Act takes effect December 1, 2017.