| 1 | 1 | | 87R2973 JRR-D |
|---|
| 2 | 2 | | By: Kolkhorst S.B. No. 1053 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to commercial motor vehicle route restrictions in certain |
|---|
| 8 | 8 | | counties; creating a criminal offense. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter K, Chapter 201, Transportation Code, |
|---|
| 11 | 11 | | is amended by adding Section 201.9015 to read as follows: |
|---|
| 12 | 12 | | Sec. 201.9015. COMMERCIAL MOTOR VEHICLE ROUTE RESTRICTIONS |
|---|
| 13 | 13 | | IN CERTAIN COUNTIES. (a) In this section, "commercial motor |
|---|
| 14 | 14 | | vehicle" has the meaning assigned by Section 522.003. |
|---|
| 15 | 15 | | (b) This section applies only to: |
|---|
| 16 | 16 | | (1) a county that contains Interstate Highway 10 and |
|---|
| 17 | 17 | | U.S. Highway 77; and |
|---|
| 18 | 18 | | (2) a highway that is under the jurisdiction of the |
|---|
| 19 | 19 | | department. |
|---|
| 20 | 20 | | (c) A county may make a request to the commission to |
|---|
| 21 | 21 | | restrict the operation of commercial motor vehicles on highways in |
|---|
| 22 | 22 | | the county to routes designated by the county. Before making the |
|---|
| 23 | 23 | | request, the designated routes must be approved by the |
|---|
| 24 | 24 | | commissioners court of the county after notice and public hearing. |
|---|
| 25 | 25 | | (d) As soon as practicable after receiving a county's |
|---|
| 26 | 26 | | request under Subsection (c), the commission shall restrict the |
|---|
| 27 | 27 | | operation of commercial motor vehicles on highways in the county to |
|---|
| 28 | 28 | | the routes designated in the request if the commission determines |
|---|
| 29 | 29 | | that the request satisfies the requirements of that subsection. |
|---|
| 30 | 30 | | (e) The commission shall post signage for each highway for |
|---|
| 31 | 31 | | which the operation of a commercial motor vehicle is prohibited |
|---|
| 32 | 32 | | under this section notifying operators of commercial motor vehicles |
|---|
| 33 | 33 | | of the prohibition and the routes where the operation of a |
|---|
| 34 | 34 | | commercial motor vehicle is permitted. The signage must be posted |
|---|
| 35 | 35 | | at locations that enable operators of commercial motor vehicles to |
|---|
| 36 | 36 | | detour to avoid the prohibited highway. |
|---|
| 37 | 37 | | (f) If the owner or operator of a commercial motor vehicle |
|---|
| 38 | 38 | | that is prohibited from using a highway under this section is |
|---|
| 39 | 39 | | aggrieved by the prohibition, the person may file with the county |
|---|
| 40 | 40 | | judge of the county in which the highway is located a written |
|---|
| 41 | 41 | | complaint that sets forth the nature of the grievance. On the |
|---|
| 42 | 42 | | filing of the complaint, the county judge immediately shall set the |
|---|
| 43 | 43 | | issue for a hearing to be held not later than the third day after the |
|---|
| 44 | 44 | | date on which the complaint is filed. The county judge shall |
|---|
| 45 | 45 | | provide the commission with written notice of the day and purpose of |
|---|
| 46 | 46 | | the hearing. The county judge shall hear testimony offered by the |
|---|
| 47 | 47 | | parties. On conclusion of the hearing, the county judge shall |
|---|
| 48 | 48 | | sustain, revoke, or modify the prohibition. The county judge's |
|---|
| 49 | 49 | | judgment is final as to the issues raised. |
|---|
| 50 | 50 | | (g) A person commits an offense if the person operates a |
|---|
| 51 | 51 | | commercial motor vehicle in violation of a prohibition established |
|---|
| 52 | 52 | | under this section. An offense under this subsection is a Class C |
|---|
| 53 | 53 | | misdemeanor. |
|---|
| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2021. |
|---|