HBA-MSH S.B. 886 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 886
By: Ogden
Transportation
5/10/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, laws regarding certain size and weight restrictions in the
Transportation Code are outdated, with some provisions dating back to the
1930s.  Senate Bill 886 updates various provisions for the Transportation
Code to reflect current practices.  

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. 

ANALYSIS

Senate Bill 886 amends the Transportation Code to prohibit a vehicle or
combination of vehicles from operating over or on a public highway or at a
port-of-entry between Texas and the United Mexican States if the vehicle or
combination has a single axle weight heavier than 20,000 pounds rather than
16,000 pounds on high pressure tires or 20,000 pounds on low pressure
tires, or  tires that carry a weight heavier than the weight specified and
marked on the sidewall of the tire, unless the vehicle is being operated
under the terms of a special permit.  The bill prohibits the overall gross
weight on a group of two or more consecutive axles from being heavier than
80,000 pounds, including all enforcement tolerances, regardless of tire
ratings, axle spacing, and number of axles (Sec. 621.101).  The bill
authorizes the Texas Transportation Commission (commission) to set the
maximum single axle weight or tandem axle weight of a vehicle, or the
maximum single axle weight, tandem axle weight of a combination of vehicles
and loads that may be moved over a state highway or a farm or ranch road if
the commission finds that heavier maximum weight would rapidly deteriorate
or destroy the road or a bridge or culvert along the road.  The bill
authorizes vehicles operating under certain permits for oversize or
overweight vehicles to operate under the conditions authorized by the
permit over a road for which the commission or the commissioners court of a
county has set a maximum weight (Sec. 621.102 and 621.301).  The bill
excludes the length of the towing device from the length the limit for
semitrailers and trailers in combinations (Sec. 621.204).  Prior to
assessment of a penalty for weight that exceeds the maximum allowable axle
weights, the bill authorizes the owner or operator of a vehicle to shift
the load to reduce or eliminate such excess axle weight penalties as long
as no part of the shipment is removed (Sec. 621.402).  The bill removes the
condition on the exemption from unloading requirements for an overweight
vehicle loaded with livestock that its destination must be in this state
(Sec. 621.405). 

The bill provides that a person commits a misdemeanor if the person
operates a vehicle or combination of vehicles in violation of the size and
weight restrictions on vehicles used to transport ready-mix concrete, milk,
recyclable materials, cotton seed modules, or solid waster (Sec. 621.506).
The bill also provides that a person commits a misdemeanor if the person
violates a provision related to vehicle size and weight for which an
offense is not specified (Sec. 621.507). 

The bill provides that it is an affirmative defense to prosecution of the
offense of operating a vehicle with a single axle  weight or tandem axle
weight heavier than the axle weight authorized by law that if at the time
of the offense the vehicle had a single axle weight or tandem axle weight
that was not heavier than the axle  weight authorized by law plus 12
percent, was loaded with timber, pulp wood, wood chips, or cotton,
livestock, or other agricultural products that are in their natural state
and being transported from the place of production to the place of first
marketing or first processing, was not being operated on a portion of the
national system of interstate and defense highways, and was not being
operated on a road or bridge for which the weight limit is less than the
weight specified under provisions relating to the maximum weight of a
vehicle or combination (Sec. 621.508). 

The bill authorizes a vehicle or combination of vehicles transporting raw
wood products that has an outer bridge of 39 feet or more to have a maximum
gross weight of 80,000 pounds (Sec. 622.0435).  The bill provides that
provisions relating to vehicles transporting timber or timber products do
not authorize the operation on the national system of interstate and
defense highways in this state of a vehicle of a size or weight greater
than those permitted under federal vehicle weight limitations (Sec
622.045).  The bill repeals provisions relating to maximum size and weight
of containers, penalties for vehicles transporting ready mixed concrete or
milk, the weight of lumber carried by a truck, penalties for certain
vehicles transporting recyclable materials, exemptions from weight limits
for vehicles used to transport fixed load oil field service equipment, and
penalties for vehicles transporting solid waste (SECTION 30). 

EFFECTIVE DATE

September 1, 2001.