By: Kerwin H.B. No. 5332
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of excess axle or gross weight permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 623.011, Transportation Code, is
amended by amending Subsection (a) to read as follows:
(a) The department may issue a permit that authorizes the
operation of a commercial motor vehicle, trailer, semitrailer, or
combination of those vehicles, or a truck-tractor or combination of
a truck-tractor and one or more other vehicles:
(1) at an axle weight that is not heavier than the
weight equal to the maximum allowable axle weight for the vehicle or
combination plus a tolerance allowance of 10 percent of that
allowable weight; and
(2) at a gross weight that is not heavier than the
weight equal to the maximum allowable gross weight for the vehicle
or combination plus a tolerance allowance of five percent.
(b) To qualify for a permit under this section:
(1) the vehicle must be registered under Chapter 502
for the maximum gross weight applicable to the vehicle under
Section 621.101, not to exceed 80,000 pounds;
(2) the security requirement of Section 623.012 must
be satisfied; and
(3) a base permit fee of $90, any additional fee
required by Section 623.0111, and any additional fee set by the
board under Section 623.0112 must be paid.
(c) A permit issued under this section:
(1) is valid for one year; and
(2) must be carried in the vehicle for which it is
issued.
(d) When the department issues a permit under this section,
the department shall issue a sticker to be placed on the front
windshield of the vehicle. The department shall design the form of
the sticker to aid in the enforcement of weight limits for vehicles.
(e) The sticker must:
(1) indicate the expiration date of the permit; and
(2) be removed from the vehicle when:
(A) the permit for operation of the vehicle
expires;
(B) a lease of the vehicle expires; or
(C) the vehicle is sold.
(f) A person commits an offense if the person fails to
display the sticker in the manner required by Subsection (d). An
offense under this subsection is a Class C misdemeanor. Section
623.019(g) applies to an offense under this subsection.
(g) A vehicle operating under a permit issued under this
section may exceed the maximum allowable gross weight tolerance
allowance by not more than five percent, regardless of the weight of
any one axle or tandem axle, if no axle or tandem axle exceeds the
tolerance permitted by Subsection (a).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.