| 1 | 1 | | By: Kerwin H.B. No. 5332 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to the issuance of excess axle or gross weight permits. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 623.011, Transportation Code, is |
|---|
| 11 | 11 | | amended by amending Subsection (a) to read as follows: |
|---|
| 12 | 12 | | (a) The department may issue a permit that authorizes the |
|---|
| 13 | 13 | | operation of a commercial motor vehicle, trailer, semitrailer, or |
|---|
| 14 | 14 | | combination of those vehicles, or a truck-tractor or combination of |
|---|
| 15 | 15 | | a truck-tractor and one or more other vehicles: |
|---|
| 16 | 16 | | (1) at an axle weight that is not heavier than the |
|---|
| 17 | 17 | | weight equal to the maximum allowable axle weight for the vehicle or |
|---|
| 18 | 18 | | combination plus a tolerance allowance of 10 percent of that |
|---|
| 19 | 19 | | allowable weight; and |
|---|
| 20 | 20 | | (2) at a gross weight that is not heavier than the |
|---|
| 21 | 21 | | weight equal to the maximum allowable gross weight for the vehicle |
|---|
| 22 | 22 | | or combination plus a tolerance allowance of five percent. |
|---|
| 23 | 23 | | (b) To qualify for a permit under this section: |
|---|
| 24 | 24 | | (1) the vehicle must be registered under Chapter 502 |
|---|
| 25 | 25 | | for the maximum gross weight applicable to the vehicle under |
|---|
| 26 | 26 | | Section 621.101, not to exceed 80,000 pounds; |
|---|
| 27 | 27 | | (2) the security requirement of Section 623.012 must |
|---|
| 28 | 28 | | be satisfied; and |
|---|
| 29 | 29 | | (3) a base permit fee of $90, any additional fee |
|---|
| 30 | 30 | | required by Section 623.0111, and any additional fee set by the |
|---|
| 31 | 31 | | board under Section 623.0112 must be paid. |
|---|
| 32 | 32 | | (c) A permit issued under this section: |
|---|
| 33 | 33 | | (1) is valid for one year; and |
|---|
| 34 | 34 | | (2) must be carried in the vehicle for which it is |
|---|
| 35 | 35 | | issued. |
|---|
| 36 | 36 | | (d) When the department issues a permit under this section, |
|---|
| 37 | 37 | | the department shall issue a sticker to be placed on the front |
|---|
| 38 | 38 | | windshield of the vehicle. The department shall design the form of |
|---|
| 39 | 39 | | the sticker to aid in the enforcement of weight limits for vehicles. |
|---|
| 40 | 40 | | (e) The sticker must: |
|---|
| 41 | 41 | | (1) indicate the expiration date of the permit; and |
|---|
| 42 | 42 | | (2) be removed from the vehicle when: |
|---|
| 43 | 43 | | (A) the permit for operation of the vehicle |
|---|
| 44 | 44 | | expires; |
|---|
| 45 | 45 | | (B) a lease of the vehicle expires; or |
|---|
| 46 | 46 | | (C) the vehicle is sold. |
|---|
| 47 | 47 | | (f) A person commits an offense if the person fails to |
|---|
| 48 | 48 | | display the sticker in the manner required by Subsection (d). An |
|---|
| 49 | 49 | | offense under this subsection is a Class C misdemeanor. Section |
|---|
| 50 | 50 | | 623.019(g) applies to an offense under this subsection. |
|---|
| 51 | 51 | | (g) A vehicle operating under a permit issued under this |
|---|
| 52 | 52 | | section may exceed the maximum allowable gross weight tolerance |
|---|
| 53 | 53 | | allowance by not more than five percent, regardless of the weight of |
|---|
| 54 | 54 | | any one axle or tandem axle, if no axle or tandem axle exceeds the |
|---|
| 55 | 55 | | tolerance permitted by Subsection (a). |
|---|
| 56 | 56 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 60 | 60 | | Act takes effect September 1, 2025. |
|---|