1 | 1 | | 89R11919 JRR-F |
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2 | 2 | | By: Birdwell S.B. No. 1572 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the operation of vehicles transporting steel; |
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10 | 10 | | authorizing a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 621.508(a) and (a-1), Transportation |
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13 | 13 | | Code, are amended to read as follows: |
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14 | 14 | | (a) Except as provided by Subsection (a-1), it is an |
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15 | 15 | | affirmative defense to prosecution of, or an action under |
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16 | 16 | | Subchapter F for, the offense of operating a vehicle with a single |
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17 | 17 | | axle weight or tandem axle weight heavier than the axle weight |
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18 | 18 | | authorized by law that at the time of the offense the vehicle: |
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19 | 19 | | (1) had a single axle weight or tandem axle weight that |
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20 | 20 | | was not heavier than the axle weight authorized by law plus 12 |
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21 | 21 | | percent; |
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22 | 22 | | (2) was loaded with: |
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23 | 23 | | (A) timber, pulp wood, wood chips, or cotton, |
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24 | 24 | | livestock, or other agricultural products that are: |
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25 | 25 | | (i) [(A)] in their natural state; and |
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26 | 26 | | (ii) [(B)] being transported from the place |
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27 | 27 | | of production to the place of first marketing or first processing; |
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28 | 28 | | or |
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29 | 29 | | (B) steel that is being transported from the |
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30 | 30 | | place of production to the place of first marketing; and |
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31 | 31 | | (3) was not being operated on a portion of the national |
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32 | 32 | | system of interstate and defense highways. |
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33 | 33 | | (a-1) The affirmative defense provided by Subsection (a) |
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34 | 34 | | does not apply to the excess weights authorized under Section |
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35 | 35 | | 623.421(b) or 623.451(b). |
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36 | 36 | | SECTION 2. Chapter 623, Transportation Code, is amended by |
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37 | 37 | | adding Subchapter W to read as follows: |
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38 | 38 | | SUBCHAPTER W. VEHICLES TRANSPORTING STEEL |
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39 | 39 | | Sec. 623.451. PERMIT FOR VEHICLES TRANSPORTING STEEL. (a) |
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40 | 40 | | The department may issue a permit authorizing the movement of steel |
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41 | 41 | | by a truck-tractor and semitrailer combination that has six total |
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42 | 42 | | axles and is equipped with a roll stability support safety system |
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43 | 43 | | and truck blind spot systems: |
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44 | 44 | | (1) at a gross weight that is not heavier than 90,000 |
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45 | 45 | | pounds; and |
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46 | 46 | | (2) with axle weights that comply with the |
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47 | 47 | | requirements of Section 621.101(a), except as authorized by |
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48 | 48 | | Subsection (b). |
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49 | 49 | | (b) A vehicle combination operating under a permit issued |
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50 | 50 | | under Subsection (a) may exceed the axle weights listed in Section |
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51 | 51 | | 621.101(a) for the following axle groups if the overall distance |
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52 | 52 | | between the first axle of the truck-tractor and the first axle of |
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53 | 53 | | the first consecutive set of tandem axles is 15 feet or more, the |
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54 | 54 | | overall distance between the first and last axles of two |
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55 | 55 | | consecutive sets of tandem axles is 36 feet or more, the distance |
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56 | 56 | | between each individual axle in each axle group, measured from the |
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57 | 57 | | center of the axle, is between 48 inches and 54 inches, and: |
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58 | 58 | | (1) a two-axle group does not exceed 36,500 pounds; |
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59 | 59 | | and |
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60 | 60 | | (2) a three-axle group does not exceed 42,500 pounds. |
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61 | 61 | | (c) To qualify for a permit under this subchapter, a permit |
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62 | 62 | | fee of $1,200 must be paid. |
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63 | 63 | | (d) A permit issued under this subchapter: |
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64 | 64 | | (1) is valid for one year; and |
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65 | 65 | | (2) must be carried in the truck-tractor for which it |
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66 | 66 | | is issued. |
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67 | 67 | | Sec. 623.452. PERMIT STICKER. (a) When the department |
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68 | 68 | | issues a permit under this subchapter, the department shall issue a |
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69 | 69 | | sticker to be placed on the front windshield of the truck-tractor. |
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70 | 70 | | The department shall design the form of the sticker to aid in the |
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71 | 71 | | enforcement of weight limits for vehicles. |
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72 | 72 | | (b) The sticker must: |
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73 | 73 | | (1) indicate the expiration date of the permit; and |
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74 | 74 | | (2) be removed from the truck-tractor when: |
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75 | 75 | | (A) the permit for operation of the vehicle |
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76 | 76 | | combination expires; |
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77 | 77 | | (B) a lease of the truck-tractor expires; or |
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78 | 78 | | (C) the truck-tractor is sold. |
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79 | 79 | | Sec. 623.453. COUNTY DESIGNATION; DISTRIBUTION OF FEE. (a) |
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80 | 80 | | An applicant for a permit under this subchapter must designate in |
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81 | 81 | | the permit application the counties in which the applicant intends |
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82 | 82 | | to operate. A permit issued under this subchapter is not valid in a |
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83 | 83 | | county that is not designated in the permit application. |
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84 | 84 | | (b) Of the fee collected under this subchapter for a permit: |
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85 | 85 | | (1) 75 percent of the amount collected shall be |
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86 | 86 | | deposited to the credit of the state highway fund; |
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87 | 87 | | (2) 15 percent of the amount collected shall be |
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88 | 88 | | divided equally among and distributed to the counties designated in |
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89 | 89 | | the permit application; and |
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90 | 90 | | (3) 10 percent of the amount collected shall be |
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91 | 91 | | deposited to the credit of the Texas Department of Motor Vehicles |
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92 | 92 | | fund. |
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93 | 93 | | (c) At least once each fiscal year, the comptroller shall |
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94 | 94 | | send the amount due each county under Subsection (b) to the county |
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95 | 95 | | treasurer or officer performing the function of that office for |
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96 | 96 | | deposit to the credit of the county road and bridge fund. |
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97 | 97 | | Sec. 623.454. PERMIT CONDITIONS. (a) Except as provided by |
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98 | 98 | | Subsections (b) and (c), a vehicle combination operating under a |
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99 | 99 | | permit under this subchapter may operate on a federal interstate |
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100 | 100 | | highway or a state, county, or municipal road, including a frontage |
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101 | 101 | | road adjacent to a federal interstate highway, if the truck-tractor |
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102 | 102 | | displays a sticker required by Section 623.452 and the vehicle |
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103 | 103 | | combination does not exceed the maximum axle or gross weight |
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104 | 104 | | applicable to the combination under the terms of the permit. |
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105 | 105 | | (b) A permit issued under this subchapter authorizes the |
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106 | 106 | | operation of a truck-tractor and semitrailer combination only on |
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107 | 107 | | highways and roads approved by the Texas Department of |
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108 | 108 | | Transportation. |
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109 | 109 | | (c) A permit issued under this subchapter does not authorize |
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110 | 110 | | the operation of a truck-tractor and semitrailer combination on a |
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111 | 111 | | county road or bridge for which a maximum weight and load limit has |
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112 | 112 | | been established and posted under Section 621.301. |
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113 | 113 | | Sec. 623.455. CERTAIN COUNTY OR MUNICIPAL ACTIONS |
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114 | 114 | | PROHIBITED. Unless otherwise provided by state or federal law, a |
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115 | 115 | | county or municipality may not require a permit, fee, or license for |
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116 | 116 | | the operation of a vehicle combination described by Section |
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117 | 117 | | 623.451(a) or (b) in addition to a permit, fee, or license required |
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118 | 118 | | by state law. |
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119 | 119 | | Sec. 623.456. EXCLUSIVE PERMIT. A permit issued under this |
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120 | 120 | | subchapter is the only permit issued by the department under this |
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121 | 121 | | chapter that may be used to transport steel. |
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122 | 122 | | Sec. 623.457. RULES. (a) The department shall adopt rules |
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123 | 123 | | necessary to implement this subchapter, including rules governing |
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124 | 124 | | the application for a permit under this subchapter. |
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125 | 125 | | (b) The Department of Public Safety shall adopt rules |
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126 | 126 | | requiring additional safety and driver training for permits issued |
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127 | 127 | | under this subchapter. |
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128 | 128 | | SECTION 3. Section 623.003(b), Transportation Code, is |
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129 | 129 | | amended to read as follows: |
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130 | 130 | | (b) The Texas Department of Transportation shall provide |
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131 | 131 | | the department with all routing information necessary to complete a |
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132 | 132 | | permit issued under Section 623.071, 623.121, 623.142, 623.192, |
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133 | 133 | | 623.402, [or] 623.421, or 623.451. |
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134 | 134 | | SECTION 4. This Act takes effect January 1, 2026. |
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