HBA-ATS S.B. 1648 76(R) BILL ANALYSIS
Office of House Bill AnalysisS.B. 1648
By: Cain
Transportation
5/18/1999
Engrossed
BACKGROUND AND PURPOSE
The Transportation Code authorizes the operation of certain vehicles in
excess of standard legal weight restrictions. Vehicles exempted from the
statutorily-prescribed weight limits include those used exclusively to
transport solid waste, ready-mixed concrete trucks, and vehicles used
exclusively to transport recyclable materials. Before any of these
vehicles may be operated on state public highways, the owner must file with
the Texas Department of Transportation (TxDOT) a surety bond. The bond must
be conditioned that the owner of the vehicle will pay to the state, within
the limits of the bond, any damage to a highway caused by the operation of
the vehicle.
For both TxDOT and the trucking industry, the costs associated with the
requirement of filing the surety bond may outweigh the benefits to the
state because the vehcile's insurance has proven to be sufficient to
protect the state against damages to its highways. A better alternative to
a surety bond may be to require permits for these vehicles. A fee for the
permit would allow TxDOT to recover its costs as well as provide a
mechanism for TxDOT to determine how many of the vehicles are traveling on
the state highway system.
S.B. 1648 creates similar regulatory mechanisms for all three types of
exempted vehicles. The bill requires the TxDOT to issue a permit to a
person to operate on a state highway a vehicle used exclusively to
transport solid waste, a ready-mixed concrete truck, and a vehicle used
exclusively to transport recyclable materials if the vehicle meets certain
weight restrictions. The issuance of a permit is authorized only if the
vehicle to be operated under the permit is registered for maximum gross
weight and operated by a registered motor carrier. However, a vehicle
owned by a municipality is authorized to operate, within certain
statutorily-prescribed weight limits, without obtaining a permit or paying
a fee.
The bill also provides that an application for a permit must be accompanied
by a fee of $20 for each vehicle for one year or $40 for each vehicle for
two years. TxDOT is required to send the fee to the comptroller of public
accounts for deposit to the credit of the state highway fund.
In addition, this bill creates an offense for a person who holds a permit
if that person operates or directs the operation of the vehicle on a public
highway and is criminally negligent with regard to the operation of the
vehicle at a weight heavier than the authorized weight limit.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 623.162, Transportation Code, as follows:
Sec. 623.162. New title: PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS.
Requires the Texas Department of Transportation (TxDOT) to issue a permit
to a person to operate on a state highway a vehicle used exclusively to
transport solid waste, rather than authorizes the operation on a state
public highway of a vehicle used exclusively to transport solid waste, with
a tandem axle load not heavier than 44,000 pounds, a single axle load not
heavier than 21,000 pounds, and a gross load not heavier than 64,000
pounds. Makes nonsubstantive changes.
SECTION 2. Amends Section 623.163, Transportation Code, as follows:
Sec. 623.163. New title: PERMIT FEE. Provides that an application for a
permit under Subchapter H (Vehicles Transporting Solid Waste) must be
accompanied by a fee of $20 for each vehicle for one year or $40 for each
vehicle for two years. Requires TxDOT to send the fee to the comptroller
of public accounts for deposit to the credit of the state highway fund.
Deletes the requirement that an owner of a vehicle heavier than 34,000
pounds file a surety bond in the maximum amount of $15,000 with TxDOT
before operating the vehicle on a state highway. Deletes the provision
that the bond must be conditioned that the vehicle's owner pay for damages
caused by the operation of the vehicle. Deletes the provision that this
section does not apply to a municipally owned vehicle.
SECTION 3. Amends Subchapter H, Chapter 623, Transportation Code, by
adding Section 623.1635, as follows:
Sec. 623.1635. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a
permit under Subchapter H only if the vehicle to be operated under the
permit is registered for maximum gross weight and operated by a registered
motor carrier.
SECTION 4. Amends Subchapter H, Chapter 623, Transportation Code, by
adding Section 623.1645, as follows:
Sec. 623.1645. EXCEPTION. Authorizes the operation, within certain
statutorily-prescribed weight limits, of a vehicle owned by a municipality
or county without obtaining a permit or paying a fee.
SECTION 5. Amends Section 623.165(a), Transportation Code, to create an
offense for a person who holds a permit issued under Subchapter H if that
person operates or directs the operation of the vehicle on a public highway
and is criminally negligent with regard to the operation of the vehicle at
a weight heavier than the weight limit authorized by Subchapter H. Makes a
conforming change.
SECTION 6. Amends Chapter 623, Transportation Code, by adding Subchapter
L, as follows:
SUBCHAPTER L. VEHICLES TRANSPORTING READY-MIXED CONCRETE
Sec. 623.231. DEFINITION; DESIGNATION AS PERISHABLE. Defines
"ready-mixed concrete truck." Designates ready-mixed concrete (concrete)
as a perishable product.
Sec. 623.232. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. Requires TxDOT to
issue a permit to a person to operate on a state highway a concrete truck
with a tandem axle load not heavier than 46,000 pounds and a single axle
load not heavier than 23,000 pounds, or at a weight that exceeds the
maximum single axle or tandem axle load limitation by not more than 10
percent if the gross load is not heavier than 69,000 pounds.
Sec. 623.233. PERMIT FEE. Provides that an application for a permit under
this subchapter must be accompanied by a fee of $20 for each vehicle for
one year or $40 for each vehicle for two years. Requires TxDOT to send the
fee to the comptroller of public accounts for deposit to the credit of the
state highway fund.
Sec. 623.234. LOCAL REGULATION. Authorizes a governing body of a county
or municipality (governing body) to prescribe rules for the operation of a
concrete truck over a public highway maintained by the county or
municipality that is insufficient to carry a load permitted by this
subchapter. Authorizes the rules to include weight limitations on a truck
with a tandem axle load that is heavier than 36,000 pounds, a single axle
load that is heavier than 12,000 pounds, or a gross load that is heavier
than 48,000 pounds.
Sec. 623.235. LOCAL SURETY BOND. Authorizes the governing body to
require an owner of the concrete truck to file a surety bond for a maximum
amount of $15,000 and conditioned that the owner will pay for damages to
the highway caused by the operation of a vehicle with a tandem axle load
heavier than 34,000 pounds.
Sec. 623.236. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a
permit under this subchapter only if the vehicle to be operated under the
permit is registered for maximum gross weight and operated by a registered
motor carrier.
Sec. 623.237. INTERSTATE AND DEFENSE HIGHWAYS. Provides that the permit
issued does not authorize the operation of a vehicle that is bigger or
heavier than that authorized by federal laws on the national system of
interstate and defense highways (defense highways) in this state. Provides
that if the United States authorizes operation of a vehicle that is bigger
or heavier than that authorized on January 1, 1977, the new limit
automatically takes effect on the defense highways.
Sec. 623.238. EXCEPTION. Authorizes the operation, within certain
statutorily-prescribed weight limits, of a vehicle owned by a municipality
or county without obtaining a permit or paying a fee.
Sec. 623.239. PENALTIES. Creates an offense for a person who holds a
permit issued under this subchapter if that person operates or directs the
operation of the vehicle on a public highway and is criminally negligent
with regard to the operation of the vehicle at a weight heavier than the
weight limit authorized by this subchapter. Establishes that an offense is
a misdemeanor punishable by fines, conviction, or both. Provides that a
corporation is not subject to confinement for an offense under this
section, but authorizes the imposition of a fine two times the maximum fine
levied under this section.
SECTION 7. Amends Chapter 623, Transportation Code, by adding Subchapter
M, as follows:
SUBCHAPTER M. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS
Sec. 623.251. DEFINITION. Defines "recyclable material."
Sec. 623.252. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter
applies only to a vehicle other than a tractor-trailer combination, only if
equipped with a container roll-off unit or a front-end loader.
Sec. 623.253. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. Requires TxDOT to
issue a permit to a person to operate on a state highway a vehicle used
exclusively to transport recyclable material with a tandem axle load not
heavier than 44,000 pounds, a single axle load not heavier than 21,000
pounds, and a gross load not heavier than 69,000 pounds.
Sec. 623.254. PERMIT FEE. Provides that an application for a permit under
this subchapter must be accompanied by a fee of $20 for each vehicle for
one year or $40 for each vehicle for two years. Requires TxDOT to send the
fee to the comptroller of public accounts for deposit to the credit of the
state highway fund.
Sec. 623.255. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a
permit under this subchapter only if the vehicle to be operated under the
permit is registered for maximum gross weight and operated by a registered
motor carrier.
Sec. 623.256. INTERSTATE AND DEFENSE HIGHWAYS. Provides that the permit
issued does not authorize the operation of a vehicle that is bigger or
heavier than that authorized by federal laws on the defense highways in
this state. Provides that if the United States authorizes operation of a
vehicle that is bigger or heavier than that authorized on January 1, 1983,
the new limit automatically takes effect on the defense highways.
Sec. 623.257. EXCEPTION. Authorizes the operation, within certain
statutorily-prescribed weight limits, of a vehicle owned by a municipality
or county without obtaining a permit or paying a fee.
Sec. 623.258. PENALTIES. Creates an offense for a person who holds a
permit issued under this subchapter if that person operates or directs the
operation of the vehicle on a public highway and is criminally negligent
with regard to the operation of the vehicle at a weight heavier than the
weight limit authorized by this subchapter. Establishes that an offense is
a misdemeanor punishable by fines, conviction, or both. Provides that a
corporation is not subject to confinement for an offense under this
section, but authorizes the imposition of a fine two times the maximum fine
levied under this section.
SECTION 8. Repealer: Subchapter B (Vehicles Transporting Ready-Mixed
Concrete) and Subchapter J (Certain Vehicles Transporting Recyclable
Materials), Chapter 622, Transportation Code.
SECTION 9. Effective date: January 1, 2000.
SECTION 10. Emergency clause.