Texas 2021 - 87th Regular

Texas Senate Bill SB1815 Compare Versions

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1-S.B. No. 1815
1+By: Seliger S.B. No. 1815
2+ (Martinez)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to motor vehicle size and weight limitations.
68 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
79 SECTION 1. Chapter 622, Transportation Code, is amended by
810 adding Subchapter K to read as follows:
911 SUBCHAPTER K. AUTOMOBILE TRANSPORTERS
1012 Sec. 622.151. DEFINITIONS. In this subchapter:
1113 (1) "Automobile transporter" has the meaning assigned
1214 by 49 U.S.C. Section 31111.
1315 (2) "Backhaul" means the return trip of a vehicle
1416 transporting cargo or general freight.
1517 (3) "Stinger-steered" means a truck-tractor and
1618 semitrailer combination in which the fifth wheel is located on a
1719 drop frame located behind and below the rearmost axle of the
1820 truck-tractor.
1921 Sec. 622.152. AUTOMOBILE TRANSPORTER BACKHAULS. (a) An
2022 automobile transporter that complies with the weight and size
2123 limitations for a truck-tractor and semitrailer combination under
2224 this subtitle may transport cargo or general freight on a backhaul.
2325 (b) For purposes of Subsection (a), an automobile
2426 transporter is presumed to be on a backhaul if the automobile
2527 transporter is transporting cargo or general freight back over all
2628 or part of the same route.
2729 Sec. 622.153. MAXIMUM EXTENDED LENGTH OF LOAD.
2830 Notwithstanding Section 621.206, an automobile transporter that is
2931 stinger-steered may carry a load that extends not more than:
3032 (1) four feet beyond its front; and
3133 (2) six feet beyond its rear.
3234 SECTION 2. Section 622.902, Transportation Code, is amended
3335 to read as follows:
3436 Sec. 622.902. LENGTH EXCEPTIONS. The length limitations
3537 provided by Sections 621.203 to 621.205 do not apply to:
3638 (1) machinery used exclusively for drilling water
3739 wells, including machinery that is itself a unit or that is a unit
3840 mounted on a conventional vehicle or chassis;
3941 (2) a vehicle owned or operated by a public, private,
4042 or volunteer fire department;
4143 (3) a vehicle or combination of vehicles operated
4244 exclusively in the territory of a municipality or to a combination
4345 of vehicles operated by a municipality in a suburb adjoining the
4446 municipality in which the municipality has been using the equipment
4547 or similar equipment in connection with an established service to
4648 the suburb;
4749 (4) a truck-tractor, truck-tractor combination, or
4850 truck-trailer combination exclusively transporting machinery,
4951 materials, and equipment used in the construction, operation, and
5052 maintenance of facilities, including pipelines, that are used for
5153 the discovery, production, and processing of natural gas or
5254 petroleum;
5355 (5) a drive-away saddlemount vehicle transporter
5456 combination or a drive-away saddlemount with fullmount vehicle
5557 transporter combination, as defined by 23 C.F.R. Part 658 or its
5658 successor, if:
5759 (A) the overall length of the combination is not
5860 longer than 97 feet; and
5961 (B) the combination does not have more than three
6062 saddlemounted vehicles if the combination does not include more
6163 than one fullmount vehicle;
6264 (6) the combination of a tow truck and another vehicle
6365 or vehicle combination if:
6466 (A) the other vehicle or vehicle combination
6567 cannot be normally or safely driven or was abandoned on a highway;
6668 and
6769 (B) the tow truck is towing the other vehicle or
6870 vehicle combination directly to the nearest authorized place of
6971 repair, terminal, or destination of unloading;
7072 (7) a vehicle or combination of vehicles used to
7173 transport a harvest machine that is used in farm custom harvesting
7274 operations on a farm if the overall length of the vehicle or
7375 combination is not longer than:
7476 (A) 75 feet if the vehicle is traveling on a
7577 highway that is part of the national system of interstate and
7678 defense highways or the federal aid primary highway system; or
7779 (B) 81-1/2 feet if the vehicle is not traveling
7880 on a highway that is part of the national system of interstate and
7981 defense highways or the federal aid primary highway system; [or]
8082 (8) a truck-tractor operated in combination with a
8183 semitrailer and trailer or semitrailer and semitrailer if:
8284 (A) the combination is used to transport a
8385 harvest machine that is used in farm custom harvesting operations
8486 on a farm;
8587 (B) the overall length of the combination,
8688 excluding the length of the truck-tractor, is not longer than
8789 81-1/2 feet; and
8890 (C) the combination is traveling on a highway
8991 that:
9092 (i) is not part of the national system of
9193 interstate and defense highways or the federal aid primary highway
9294 system; and
9395 (ii) is located in a county with a
9496 population of less than 300,000; or
9597 (9) a towaway trailer transporter combination, as
9698 defined by 49 U.S.C. Section 31111, if the overall length of the
9799 combination is not longer than 82 feet.
98100 SECTION 3. Section 622.952, Transportation Code, is amended
99101 to read as follows:
100102 Sec. 622.952. EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
101103 The weight limitations of Section 621.101 do not apply to an
102104 emergency [a] vehicle [owned or operated by a public, private, or
103105 volunteer fire department].
104106 (b) The weight of an emergency [a fire department's] vehicle
105107 may not exceed the greater of:
106108 (1) [be heavier than] the manufacturer's gross vehicle
107109 weight capacity or axle design rating; or
108110 (2) including all enforcement tolerances, a:
109111 (A) gross weight of 86,000 pounds;
110112 (B) single steering axle weight of 24,000 pounds;
111113 (C) single drive axle weight of 33,500 pounds;
112114 (D) tandem axle weight of 62,000 pounds; or
113115 (E) tandem rear drive steer axle weight of 52,000
114116 pounds.
115117 (c) In this section, "emergency vehicle" means a vehicle
116118 designed to be used under emergency conditions:
117119 (1) to transport personnel and equipment; and
118120 (2) to support the suppression of fires and mitigation
119121 of other hazardous situations.
120122 SECTION 4. Section 622.955(c), Transportation Code, is
121123 amended to read as follows:
122124 (c) The weight increase under Subsection (b) may not be
123125 greater than 550 [400] pounds.
124126 SECTION 5. Sections 623.071(a), (c), and (c-1),
125127 Transportation Code, are amended to read as follows:
126128 (a) The department may issue a permit to allow the operation
127129 on [a person to operate over] a state highway of [superheavy or
128130 oversize] equipment that exceeds the weight and size limits
129131 provided by law for the movement of equipment[:
130132 [(1) is used to transport cylindrically shaped bales of
131133 hay] or a commodity that cannot reasonably be dismantled[; and
132134 [(2) has a gross weight or size that exceeds the limits
133135 allowed by law to be transported over a state highway].
134136 (c) The department may issue an annual permit to allow the
135137 operation on a state highway of equipment that exceeds weight and
136138 size limits provided by law for the movement of:
137139 (1) an implement of husbandry by a dealer;
138140 (2) water well drilling machinery and equipment or
139141 harvesting equipment being moved as part of an agricultural
140142 operation; or
141143 (3) [superheavy or oversize] equipment or a commodity
142144 that:
143145 (A) cannot reasonably be dismantled; and
144146 (B) does not exceed:
145147 (i) 12 feet in width;
146148 (ii) 14 feet in height;
147149 (iii) 110 feet in length; or
148150 (iv) 120,000 pounds gross weight.
149151 (c-1) The department may issue an annual permit that allows
150152 a person to operate over a state highway or road a vehicle or
151153 combination of vehicles transporting a load that cannot reasonably
152154 be dismantled that exceeds the length and height limits provided by
153155 law, except that:
154156 (1) the maximum length allowed may not exceed 110
155157 feet; and
156158 (2) the maximum height allowed may not exceed 14 feet.
157159 SECTION 6. The change in law made by this Act applies only
158160 to an offense committed on or after the effective date of this Act.
159161 An offense committed before the effective date of this Act is
160162 governed by the law in effect on the date the offense was committed,
161163 and the former law is continued in effect for that purpose. For
162164 purposes of this section, an offense was committed before the
163165 effective date of this Act if any element of the offense occurred
164166 before that date.
165167 SECTION 7. This Act takes effect September 1, 2021.
166- ______________________________ ______________________________
167- President of the Senate Speaker of the House
168- I hereby certify that S.B. No. 1815 passed the Senate on
169- April 27, 2021, by the following vote: Yeas 31, Nays 0.
170- ______________________________
171- Secretary of the Senate
172- I hereby certify that S.B. No. 1815 passed the House on
173- May 23, 2021, by the following vote: Yeas 136, Nays 9, two
174- present not voting.
175- ______________________________
176- Chief Clerk of the House
177- Approved:
178- ______________________________
179- Date
180- ______________________________
181- Governor