Texas 2019 - 86th Regular

Texas House Bill HB2620 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2620
	1	+	By: Martinez (Senate Sponsor - Rodríguez) H.B. No. 2620
	2	+	(In the Senate - Received from the House May 10, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Transportation; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2620 By: Hancock
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the movement of oversize or overweight vehicles,
6	14		including the enforcement of motor vehicle size and weight
7	15		limitations; creating a criminal offense.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 541.001, Transportation Code, is amended
10	18		by amending Subdivision (1) and adding Subdivision (1-a) to read as
11	19		follows:
12	20		(1) "Escort flagger" has the meaning assigned by
13	21		Section 623.008.
14	22		(1-a) "Operator" means, as used in reference to a
15	23		vehicle, a person who drives or has physical control of a vehicle.
16	24		SECTION 2. Section 542.501, Transportation Code, is amended
17	25		to read as follows:
18	26		Sec. 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS, [AND
19	27		TO] SCHOOL CROSSING GUARDS, AND ESCORT FLAGGERS. A person may not
20	28		wilfully fail or refuse to comply with a lawful order or direction
21	29		of:
22	30		(1) a police officer; [or]
23	31		(2) a school crossing guard who:
24	32		(A) is performing crossing guard duties in a
25	33		school crosswalk to stop and yield to a pedestrian; or
26	34		(B) has been trained under Section 600.004 and is
27	35		directing traffic in a school crossing zone; or
28	36		(3) an escort flagger who is directing or controlling
29	37		the flow of traffic in accordance with a permit issued by the Texas
30	38		Department of Motor Vehicles under Subtitle E for the movement of an
31	39		oversize or overweight vehicle.
32	40		SECTION 3. Section 544.004(a), Transportation Code, is
33	41		amended to read as follows:
34	42		(a) The operator of a vehicle or streetcar shall comply with
35	43		an applicable official traffic-control device placed as provided by
36	44		this subtitle unless the person is:
37	45		(1) otherwise directed by a traffic officer, [or]
38	46		police officer, or escort flagger; or
39	47		(2) operating an authorized emergency vehicle and is
40	48		subject to exceptions under this subtitle.
41	49		SECTION 4. The heading to Section 621.503, Transportation
42	50		Code, is amended to read as follows:
43	51		Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR
44	52		WEIGHT LIMITATION.
45	53		SECTION 5. Sections 621.503(a) and (b), Transportation
46	54		Code, are amended to read as follows:
47	55		(a) A person may not load, or cause to be loaded, a vehicle
48	56		for operation on a public highway of this state that exceeds the
49	57		height, width, length, or weight limitations for operation of that
50	58		vehicle provided by this subtitle [Section 621.101].
51	59		(b) Intent to violate a weight limitation is presumed if the
52	60		weight of the loaded vehicle is heavier than the applicable axle or
53	61		gross weight limit by 15 percent or more.
54	62		SECTION 6. Subchapter G, Chapter 621, Transportation Code,
55	63		is amended by adding Section 621.511 to read as follows:
56	64		Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person
57	65		commits an offense if:
58	66		(1) the person operates or moves on a public highway a
59	67		vehicle that is issued a permit under this subtitle; and
60	68		(2) the person operating or moving the vehicle is not
61	69		the person named on the permit for the vehicle or an employee of
62	70		that person.
63	71		(b) An offense under this section is a Class C misdemeanor.
64	72		(c) It is an exception to the application of this section
65	73		that:
66	74		(1) the vehicle being operated or moved is a
67	75		combination of a tow truck and a disabled, abandoned, or
68	76		accident-damaged vehicle or vehicle combination; and
69	77		(2) the tow truck is towing the other vehicle or
70	78		vehicle combination directly to the nearest terminal, vehicle
71	79		storage facility, or authorized place of repair.
72	80		SECTION 7. Subchapter A, Chapter 623, Transportation Code,
73	81		is amended by adding Sections 623.004, 623.005, 623.006, 623.007,
74	82		and 623.008 to read as follows:
75	83		Sec. 623.004. DENIAL OF PERMIT. (a) The department may
76	84		deny an application for a permit under this subtitle submitted by an
77	85		applicant who:
78	86		(1) is the subject of an out-of-service order issued
79	87		by the Federal Motor Carrier Safety Administration; or
80	88		(2) the Department of Public Safety has determined
81	89		has:
82	90		(A) an unsatisfactory safety rating under 49
83	91		C.F.R. Part 385; or
84	92		(B) multiple violations of Chapter 644, a rule
85	93		adopted under that chapter, or Subtitle C.
86	94		(b) A denial of an application for a permit under this
87	95		section is not required to be preceded by notice and an opportunity
88	96		for hearing.
89	97		(c) An applicant may appeal a denial under this section by
90	98		filing an appeal with the department not later than the 26th day
91	99		after the date the department issues notice of the denial to the
92	100		applicant.
93	101		Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT
94	102		OF MOTOR VEHICLES FUND. (a) This section applies only to a permit
95	103		authorized by the legislature on or after September 1, 2019.
96	104		(b) Ten percent of the fee collected for a permit issued by
97	105		the department under this subtitle shall be deposited to the credit
98	106		of the Texas Department of Motor Vehicles fund with the remaining
99	107		fee distribution to be adjusted proportionately, if needed.
100	108		(c) Subsection (b) does not apply if a provision of this
101	109		subtitle expressly requires a different amount of a fee collected
102	110		to be deposited to the credit of the Texas Department of Motor
103	111		Vehicles fund.
104	112		Sec. 623.006. DISPOSITION AND USE OF PERMIT FEES DUE TO
105	113		COUNTY OR MUNICIPALITY. Except as otherwise specified by this
106	114		subtitle:
107	115		(1) at least once each fiscal year, the comptroller
108	116		shall send from fees collected for a permit issued by the department
109	117		under this chapter any amounts due to a county or municipality;
110	118		(2) amounts due to a county must be sent to the county
111	119		treasurer or office performing the function of that office for
112	120		deposit to the credit of the county road and bridge fund; and
113	121		(3) amounts due to a municipality must be sent to the
114	122		office performing the function of treasurer for the municipality
115	123		and may be used by the municipality only to fund commercial motor
116	124		vehicle enforcement programs or road and bridge maintenance or
117	125		infrastructure projects.
118	126		Sec. 623.007. PERMIT TO BE CARRIED IN VEHICLE. A permit
119	127		issued by the department under this subtitle must be carried, in a
120	128		manner prescribed by the department, in the vehicle that is being
121	129		operated under the permit.
122	130		Sec. 623.008. AUTHORITY TO REQUIRE ESCORT FLAG VEHICLES AND
123	131		ESCORT FLAGGERS. (a) In this section:
124	132		(1) "Escort flag vehicle" means a vehicle that
125	133		precedes or follows an oversize or overweight vehicle operating
126	134		under a permit issued by the department for the purpose of
127	135		facilitating the safe movement of the oversize or overweight
128	136		vehicle over roads.
129	137		(2) "Escort flagger" means a person who:
130	138		(A) has successfully completed a training
131	139		program in traffic direction as defined by the basic peace officer
132	140		course curriculum established by the Texas Commission on Law
133	141		Enforcement; and
134	142		(B) in accordance with a permit issued by the
135	143		department under this subtitle, operates an escort flag vehicle or
136	144		directs and controls the flow of traffic using a hand signaling
137	145		device or an automated flagger assistance device.
138	146		(b) In addition to any other specific requirement under this
139	147		subtitle, the department may require a person operating under a
140	148		permit issued by the department under this subtitle to use one or
141	149		more escort flag vehicles and escort flaggers if required:
142	150		(1) by the Texas Department of Transportation; or
143	151		(2) for the safe movement over roads of an oversize or
144	152		overweight vehicle and its load.
145	153		SECTION 8. Section 623.099, Transportation Code, is amended
146	154		by adding Subsection (g) to read as follows:
147	155		(g) A county or municipality may not require the use of an
148	156		escort flag vehicle or any other kind of escort for the movement of
149	157		a manufactured house under a permit issued under this subchapter
150	158		that is in addition to the escort flag vehicle requirements of this
151	159		section.
152	160		SECTION 9. The heading to Section 623.272, Transportation
153	161		Code, is amended to read as follows:
154	162		Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE
155	163		CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE.
156	164		SECTION 10. Section 623.272(a), Transportation Code, is
157	165		amended to read as follows:
158	166		(a) The department may investigate and impose an
159	167		administrative penalty on a shipper who:
160	168		(1) does not provide a shipper's certificate of weight
161	169		required under Section 623.274(b); or
162	170		(2) provides false information on a shipper's
163	171		certificate of weight that the shipper delivers to a person
164	172		transporting a shipment.
165	173		SECTION 11. Section 623.274, Transportation Code, is
166	174		amended by amending Subsection (b) and adding Subsection (c) to
167	175		read as follows:
168	176		(b) On the written request of the person transporting the
169	177		shipment, a [For a shipper's certificate of weight to be valid, the]
170	178		shipper must:
171	179		(1) certify that the information contained on the
172	180		certificate of weight [form] is accurate; and
173	181		(2) deliver the certificate of weight to the person
174	182		transporting the shipment [motor carrier or other person
175	183		transporting the shipment before the motor carrier or other person
176	184		applies for an overweight permit under this chapter].
177	185		(c) A person transporting a shipment must provide the
178	186		department with a copy of the certificate of weight before the
179	187		issuance of an overweight permit under this chapter if the combined
180	188		weight of the vehicle or vehicles and load is more than 200,000
181	189		pounds.
182	190		SECTION 12. Section 623.321(a), Transportation Code, is
183	191		amended to read as follows:
184	192		(a) The department may issue a permit under this subchapter,
185	193		as an alternative to a permit issued under Section 623.011,
186	194		authorizing a person to operate a vehicle or combination of
187	195		vehicles that is being used to transport unrefined timber, wood
188	196		chips, or woody biomass or equipment used to load timber on a
189	197		vehicle in a county identified as a timber producing county in the
190	198		most recent edition of the Texas A&M Forest Service's Harvest
191	199		Trends Report as of May 15, 2013, at the weight limits prescribed by
192	200		Subsection (b).
193	201		SECTION 13. Section 623.323(f), Transportation Code, is
194	202		amended to read as follows:
195	203		(f) This section does not apply to a vehicle or combination
196	204		of vehicles that are being used to transport unrefined timber, wood
197	205		chips, or woody biomass or equipment used to load timber on a
198	206		vehicle from:
199	207		(1) a storage yard to the place of first processing; or
200	208		(2) outside this state to a place of first processing
201	209		in this state.
202	210		SECTION 14. The following provisions of the Transportation
203	211		Code are repealed:
204	212		(1) Sections 623.0171(m), 623.081, and 623.324(b);
205	213		(2) Section 623.403(c), as added by Chapter 750 (S.B.
206	214		1383), Acts of the 85th Legislature, Regular Session, 2017; and
207	215		(3) Sections 623.404(b) and (c), as added by Chapter
208	216		108 (S.B. 1524), Acts of the 85th Legislature, Regular Session,
209	217		2017.
210	218		SECTION 15. Section 621.511, Transportation Code, as added
211	219		by this Act, applies only to a vehicle that is issued a permit under
212	220		Subtitle E, Title 7, Transportation Code, on or after the effective
213	221		date of this Act.
214	222		SECTION 16. (a) The changes in law made by this Act apply
215	223		only to an offense or violation committed on or after the effective
216	224		date of this Act. An offense or violation committed before the
217	225		effective date of this Act is governed by the law in effect on the
218	226		date the offense or violation was committed, and the former law is
219	227		continued in effect for that purpose. For purposes of this
220	228		subsection, an offense or violation was committed before the
221	229		effective date of this Act if any element of the offense or
222	230		violation occurred before that date.
223	231		(b) The change in law made by this Act relating to an
224	232		application filed under Chapter 623, Transportation Code, applies
225	233		only to an application filed under that chapter on or after the
226	234		effective date of this Act. An application filed before that date
227	235		is governed by the law in effect on the date the application was
228	236		filed, and the former law is continued in effect for that purpose.
229	237		SECTION 17. To the extent of any conflict, this Act prevails
230	238		over another Act of the 86th Legislature, Regular Session, 2019,
231	239		relating to nonsubstantive additions to and corrections in enacted
232	240		codes.
233	241		SECTION 18. This Act takes effect September 1, 2019.
234		-	______________________________ ______________________________
235		-	President of the Senate Speaker of the House
236		-	I certify that H.B. No. 2620 was passed by the House on May 9,
237		-	2019, by the following vote: Yeas 131, Nays 13, 2 present, not
238		-	voting; and that the House concurred in Senate amendments to H.B.
239		-	No. 2620 on May 24, 2019, by the following vote: Yeas 100, Nays 38,
240		-	2 present, not voting.
241		-	______________________________
242		-	Chief Clerk of the House
243		-	I certify that H.B. No. 2620 was passed by the Senate, with
244		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
245		-	0.
246		-	______________________________
247		-	Secretary of the Senate
248		-	APPROVED: __________________
249		-	Date
250		-	__________________
251		-	Governor
	242	+	* * * * *