HBA-CMT S.B. 889 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 889 By: Ogden Transportation 4/19/2001 Engrossed BACKGROUND AND PURPOSE Under current law, operators of trucks that carry overweight loads must purchase what is known as a 2060 permit to operate the vehicle on a state or county road or bridge. To purchase that permit, truck operators must execute a surety bond of $15,000. While concrete, solid waste, and recyclable material haulers are exempt from the 2060 permit requirement, they are still required to execute the bond. When an overweight truck is stopped by a Department of Public Safety officer, the officer knows the truck operator is in compliance with the bond requirement if the operator has a 2060 permit. However, if a concrete, solid waste, or recycling truck is stopped, the trooper must verify that its operator is complying with the bond requirement by contacting the Texas Department of Transportation. This results in extra work for the officer and delays for the truck operator. Senate Bill 889 requires drivers of concrete, solid waste, and recycling trucks to carry proof of issuance of a surety bond, and provides penalties if a copy of the bond is not carried or presented by the driver. 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 889 amends the Transportation Code to require drivers of vehicles with a tandem axle load heavier than 34,000 pounds used exclusively to transport solid waste, ready-mixed concrete, or recyclable materials to carry a copy of the surety bond for the vehicle when on a public highway, and to present the copy of the bond to an authorized enforcement officer upon request. A person commits a misdemeanor punishable by a fine not to exceed $200 if the person fails to carry or present the copy of the surety bond filed with the Department of Transportation. The bill specifies that a single vehicle used exclusively to transport recyclable materials may be operated on a public highway only if the tandem axle load is not heavier than 44,000 pounds, a single axle load is not heavier than 21,000 pounds, and the gross load is not heavier than 64,000 pounds. EFFECTIVE DATE September 1, 2001.