Texas 2021 - 87th Regular

Texas Senate Bill SB1815 Latest Draft

Bill / Enrolled Version Filed 05/24/2021

                            S.B. No. 1815


 AN ACT
 relating to motor vehicle size and weight limitations.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 622, Transportation Code, is amended by
 adding Subchapter K to read as follows:
 SUBCHAPTER K.  AUTOMOBILE TRANSPORTERS
 Sec. 622.151.  DEFINITIONS. In this subchapter:
 (1)  "Automobile transporter" has the meaning assigned
 by 49 U.S.C. Section 31111.
 (2)  "Backhaul" means the return trip of a vehicle
 transporting cargo or general freight.
 (3)  "Stinger-steered" means a truck-tractor and
 semitrailer combination in which the fifth wheel is located on a
 drop frame located behind and below the rearmost axle of the
 truck-tractor.
 Sec. 622.152.  AUTOMOBILE TRANSPORTER BACKHAULS. (a) An
 automobile transporter that complies with the weight and size
 limitations for a truck-tractor and semitrailer combination under
 this subtitle may transport cargo or general freight on a backhaul.
 (b)  For purposes of Subsection (a), an automobile
 transporter is presumed to be on a backhaul if the automobile
 transporter is transporting cargo or general freight back over all
 or part of the same route.
 Sec. 622.153.  MAXIMUM EXTENDED LENGTH OF LOAD.
 Notwithstanding Section 621.206, an automobile transporter that is
 stinger-steered may carry a load that extends not more than:
 (1)  four feet beyond its front; and
 (2)  six feet beyond its rear.
 SECTION 2.  Section 622.902, Transportation Code, is amended
 to read as follows:
 Sec. 622.902.  LENGTH EXCEPTIONS.  The length limitations
 provided by Sections 621.203 to 621.205 do not apply to:
 (1)  machinery used exclusively for drilling water
 wells, including machinery that is itself a unit or that is a unit
 mounted on a conventional vehicle or chassis;
 (2)  a vehicle owned or operated by a public, private,
 or volunteer fire department;
 (3)  a vehicle or combination of vehicles operated
 exclusively in the territory of a municipality or to a combination
 of vehicles operated by a municipality in a suburb adjoining the
 municipality in which the municipality has been using the equipment
 or similar equipment in connection with an established service to
 the suburb;
 (4)  a truck-tractor, truck-tractor combination, or
 truck-trailer combination exclusively transporting machinery,
 materials, and equipment used in the construction, operation, and
 maintenance of facilities, including pipelines, that are used for
 the discovery, production, and processing of natural gas or
 petroleum;
 (5)  a drive-away saddlemount vehicle transporter
 combination or a drive-away saddlemount with fullmount vehicle
 transporter combination, as defined by 23 C.F.R. Part 658 or its
 successor, if:
 (A)  the overall length of the combination is not
 longer than 97 feet; and
 (B)  the combination does not have more than three
 saddlemounted vehicles if the combination does not include more
 than one fullmount vehicle;
 (6)  the combination of a tow truck and another vehicle
 or vehicle combination if:
 (A)  the other vehicle or vehicle combination
 cannot be normally or safely driven or was abandoned on a highway;
 and
 (B)  the tow truck is towing the other vehicle or
 vehicle combination directly to the nearest authorized place of
 repair, terminal, or destination of unloading;
 (7)  a vehicle or combination of vehicles used to
 transport a harvest machine that is used in farm custom harvesting
 operations on a farm if the overall length of the vehicle or
 combination is not longer than:
 (A)  75 feet if the vehicle is traveling on a
 highway that is part of the national system of interstate and
 defense highways or the federal aid primary highway system; or
 (B)  81-1/2 feet if the vehicle is not traveling
 on a highway that is part of the national system of interstate and
 defense highways or the federal aid primary highway system; [or]
 (8)  a truck-tractor operated in combination with a
 semitrailer and trailer or semitrailer and semitrailer if:
 (A)  the combination is used to transport a
 harvest machine that is used in farm custom harvesting operations
 on a farm;
 (B)  the overall length of the combination,
 excluding the length of the truck-tractor, is not longer than
 81-1/2 feet; and
 (C)  the combination is traveling on a highway
 that:
 (i)  is not part of the national system of
 interstate and defense highways or the federal aid primary highway
 system; and
 (ii)  is located in a county with a
 population of less than 300,000; or
 (9)  a towaway trailer transporter combination, as
 defined by 49 U.S.C. Section 31111, if the overall length of the
 combination is not longer than 82 feet.
 SECTION 3.  Section 622.952, Transportation Code, is amended
 to read as follows:
 Sec. 622.952.  EMERGENCY [FIRE DEPARTMENT] VEHICLE. (a)
 The weight limitations of Section 621.101 do not apply to an
 emergency [a] vehicle [owned or operated by a public, private, or
 volunteer fire department].
 (b)  The weight of an emergency [a fire department's] vehicle
 may not exceed the greater of:
 (1)  [be heavier than] the manufacturer's gross vehicle
 weight capacity or axle design rating; or
 (2)  including all enforcement tolerances, a:
 (A)  gross weight of 86,000 pounds;
 (B)  single steering axle weight of 24,000 pounds;
 (C)  single drive axle weight of 33,500 pounds;
 (D)  tandem axle weight of 62,000 pounds; or
 (E)  tandem rear drive steer axle weight of 52,000
 pounds.
 (c)  In this section, "emergency vehicle" means a vehicle
 designed to be used under emergency conditions:
 (1)  to transport personnel and equipment; and
 (2)  to support the suppression of fires and mitigation
 of other hazardous situations.
 SECTION 4.  Section 622.955(c), Transportation Code, is
 amended to read as follows:
 (c)  The weight increase under Subsection (b) may not be
 greater than 550 [400] pounds.
 SECTION 5.  Sections 623.071(a), (c), and (c-1),
 Transportation Code, are amended to read as follows:
 (a)  The department may issue a permit to allow the operation
 on [a person to operate over] a state highway of [superheavy or
 oversize] equipment that exceeds the weight and size limits
 provided by law for the movement of equipment[:
 [(1) is used to transport cylindrically shaped bales of
 hay] or a commodity that cannot reasonably be dismantled[; and
 [(2)  has a gross weight or size that exceeds the limits
 allowed by law to be transported over a state highway].
 (c)  The department may issue an annual permit to allow the
 operation on a state highway of equipment that exceeds weight and
 size limits provided by law for the movement of:
 (1)  an implement of husbandry by a dealer;
 (2)  water well drilling machinery and equipment or
 harvesting equipment being moved as part of an agricultural
 operation; or
 (3)  [superheavy or oversize] equipment or a commodity
 that:
 (A)  cannot reasonably be dismantled; and
 (B)  does not exceed:
 (i)  12 feet in width;
 (ii)  14 feet in height;
 (iii)  110 feet in length; or
 (iv)  120,000 pounds gross weight.
 (c-1)  The department may issue an annual permit that allows
 a person to operate over a state highway or road a vehicle or
 combination of vehicles transporting a load that cannot reasonably
 be dismantled that exceeds the length and height limits provided by
 law, except that:
 (1)  the maximum length allowed may not exceed 110
 feet; and
 (2)  the maximum height allowed may not exceed 14 feet.
 SECTION 6.  The change in law made by this Act applies only
 to an offense committed on or after the effective date of this Act.
 An offense committed before the effective date of this Act is
 governed by the law in effect on the date the offense was committed,
 and the former law is continued in effect for that purpose.  For
 purposes of this section, an offense was committed before the
 effective date of this Act if any element of the offense occurred
 before that date.
 SECTION 7.  This Act takes effect September 1, 2021.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 1815 passed the Senate on
 April 27, 2021, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 1815 passed the House on
 May 23, 2021, by the following vote:  Yeas 136, Nays 9, two
 present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor