Texas 2019 - 86th Regular

Texas House Bill HB1840 Compare Versions

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

Old	New	Differences
1	1	By: Springer H.B. No. 1840
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the operation of vehicles transporting agricultural
7	7	products; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 621.508, Transportation Code, is amended
10	10	by amending Subsection (a) and adding Subsection (a-1) to read as
11	11	follows:
12	12	(a) Except as provided by Subsection (a-1), it is an
13	13	affirmative defense to prosecution of, or an action under
14	14	Subchapter F for, the offense of operating a vehicle with a single
15	15	axle weight or tandem axle weight heavier than the axle weight
16	16	authorized by law that at the time of the offense the vehicle:
17	17	(1) had a single axle weight or tandem axle weight that
18	18	was not heavier than the axle weight authorized by law plus 12
19	19	percent;
20	20	(2) was loaded with timber, pulp wood, wood chips, or
21	21	cotton, livestock, or other agricultural products that are:
22	22	(A) in their natural state; and
23	23	(B) being transported from the place of
24	24	production to the place of first marketing or first processing; and
25	25	(3) was not being operated on a portion of the national
26	26	system of interstate and defense highways.
27	27	(a-1) The affirmative defense provided by Subsection (a)
28	28	does not apply to the excess weights authorized under Section
29	29	623.401(b).
30	30	SECTION 2. Chapter 623, Transportation Code, is amended by
31	31	adding Subchapter U to read as follows:
32	32	SUBCHAPTER U. VEHICLES TRANSPORTING [FLUID MILK] AGRICULTURAL
33	33	PRODUCTS
34	34	Sec. 623.401. PERMIT FOR VEHICLES TRANSPORTING [FLUID MILK]
35	35	AGRICULTURAL PRODUCTS. (a) The department may issue a permit
36	36	authorizing the movement of [fluid milk] agricultural products by a
37	37	truck-tractor and semitrailer combination that has six total axles
38	38	and is equipped with a roll stability support safety system and
39	39	truck blind spot systems:
40	40	(1) at a gross weight that is not heavier than 90,000
41	41	pounds; and
42	42	(2) with axle weights that comply with the
43	43	requirements of Section 621.101(a), except as authorized by
44	44	Subsection (b).
45	45	(b) A vehicle combination operating under a permit issued
46	46	under Subsection (a) may exceed the axle weights listed in Section
47	47	621.101(a) for the following axle groups if the overall distance
48	48	between the first axle of the truck-tractor and the first axle of
49	49	the first consecutive set of tandem axles is 15 feet or more, the
50	50	overall distance between the first and last axles of two
51	51	consecutive sets of tandem axles is 36 feet or more, the distance
52	52	between each individual axle in each axle group, measured from the
53	53	center of the axle, is between 48 inches and 54 inches, and:
54	54	(1) a two-axle group does not exceed 36,500 pounds;
55	55	and
56	56	(2) a three-axle group does not exceed 42,500 pounds.
57	57	(c) To qualify for a permit under this subchapter, a permit
58	58	fee of $1,200 must be paid.
59	59	(d) A permit issued under this subchapter:
60	60	(1) is valid for one year; and
61	61	(2) must be carried in the truck-tractor for which it
62	62	is issued.
63	63	Sec. 623.402. PERMIT STICKER. (a) When the department
64	64	issues a permit under this subchapter, the department shall issue a
65	65	sticker to be placed on the front windshield of the truck-tractor.
66	66	The department shall design the form of the sticker to aid in the
67	67	enforcement of weight limits for vehicles.
68	68	(b) The sticker must:
69	69	(1) indicate the expiration date of the permit; and
70	70	(2) be removed from the truck-tractor when:
71	71	(A) the permit for operation of the vehicle
72	72	combination expires;
73	73	(B) a lease of the truck-tractor expires; or
74	74	(C) the truck-tractor is sold.
75	75	Sec. 623.403. COUNTY DESIGNATION; DISTRIBUTION OF FEE. (a)
76	76	An applicant for a permit under this subchapter must designate in
77	77	the permit application the counties in which the applicant intends
78	78	to operate. A permit issued under this subchapter is not valid in a
79	79	county that is not designated in the permit application.
80	80	(b) Of the fee collected under this subchapter for a permit:
81	81	(1) [75] 70 percent of the amount collected shall be
82	82	deposited to the credit of the state highway fund;
83	83	(2) [15] 20 percent of the amount collected shall be
84	84	divided equally among and distributed to the counties designated in
85	85	the permit application; and
86	86	(3) 10 percent of the amount collected shall be
87	87	deposited to the credit of the Texas Department of Motor Vehicles
88	88	fund.
89	89	(c) At least once each fiscal year, the comptroller shall
90	90	send the amount due each county under Subsection (b) to the county
91	91	treasurer or officer performing the function of that office for
92	92	deposit to the credit of the county road and bridge fund.
93	93	Sec. 623.404. PERMIT CONDITIONS. (a) Except as provided by
94	94	Subsections (b) and (c), a vehicle combination operating under a
95	95	permit under this subchapter may operate on a federal interstate
96	96	highway or a state, county, or municipal road, including a frontage
97	97	road adjacent to a federal interstate highway, if the truck-tractor
98	98	displays a sticker required by Section 623.402 and the vehicle
99	99	combination does not exceed the maximum axle or gross weight
100	100	applicable to the combination under the terms of the permit.
101	101	(b) A permit issued under this subchapter authorizes the
102	102	operation of a truck-tractor and semitrailer combination only on
103	103	highways and roads approved by the Texas Department of
104	104	Transportation.
105	105	(c) A permit issued under this subchapter does not authorize
106	106	the operation of a truck-tractor and semitrailer combination on a
107	107	county road or bridge for which a maximum weight and load limit has
108	108	been established and posted under Section 621.301.
109	109	Sec. 623.405. CERTAIN COUNTY OR MUNICIPAL ACTIONS
110	110	PROHIBITED. Unless otherwise provided by state or federal law, a
111	111	county or municipality may not require a permit, fee, or license for
112	112	the operation of a vehicle combination described by Section
113	113	623.401(a) or (b) in addition to a permit, fee, or license required
114	114	by state law.
115	115	Sec. 623.406. EXCLUSIVE PERMIT. A permit issued under this
116	116	subchapter is the only permit issued by the department under this
117	117	chapter that may be used to transport fluid milk.
118	118	Sec. 623.407. RULES. (a) The department shall adopt rules
119	119	necessary to implement this subchapter, including rules governing
120	120	the application for a permit under this subchapter.
121	121	(b) The Department of Public Safety shall adopt rules
122	122	requiring additional safety and driver training for permits issued
123	123	under this subchapter.
124	124	SECTION 3. Section 623.003(b), Transportation Code, is
125	125	amended to read as follows:
126	126	(b) The Texas Department of Transportation shall provide
127	127	the department with all routing information necessary to complete a
128	128	permit issued under Section 623.071, 623.121, 623.142, [or]
129	129	623.192, or 623.401.
130	130	SECTION 4. This Act takes effect January 1, 2019.