Bill Text: TX HB2862 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the operation of vehicles transporting fluid milk; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-09 - Committee report sent to Calendars [HB2862 Detail]

Download: Texas-2017-HB2862-Comm_Sub.html

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85R26579 JRR-F
By: King of Hemphill H.B. No. 2862
Substitute the following for H.B. No. 2862:
By: Morrison C.S.H.B. No. 2862

A BILL TO BE ENTITLED
AN ACT
relating to the operation of vehicles transporting fluid milk;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.508, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), it [It] is an
affirmative defense to prosecution of, or an action under
Subchapter F for, the offense of operating a vehicle with a single
axle weight or tandem axle weight heavier than the axle weight
authorized by law that at the time of the offense the vehicle:
(1) had a single axle weight or tandem axle weight that
was not heavier than the axle weight authorized by law plus 12
percent;
(2) was loaded with timber, pulp wood, wood chips, or
cotton, livestock, or other agricultural products that are:
(A) in their natural state; and
(B) being transported from the place of
production to the place of first marketing or first processing; and
(3) was not being operated on a portion of the national
system of interstate and defense highways.
(a-1) The affirmative defense provided by Subsection (a)
does not apply to the excess weights authorized under Section
623.401(b).
SECTION 2. Chapter 623, Transportation Code, is amended by
adding Subchapter U to read as follows:
SUBCHAPTER U. VEHICLES TRANSPORTING FLUID MILK
Sec. 623.401. PERMIT FOR VEHICLES TRANSPORTING FLUID MILK.
(a) The department may issue a permit authorizing the movement of
fluid milk by a truck-tractor and semitrailer combination that has
six total axles and is equipped with a roll stability support safety
system and truck blind spot systems:
(1) at a gross weight that is not heavier than 90,000
pounds; and
(2) with axle weights that comply with the
requirements of Section 621.101(a), except as authorized by
Subsection (b).
(b) A vehicle combination operating under a permit issued
under Subsection (a) may exceed the axle weights listed in Section
621.101(a) for the following axle groups if the overall distance
between the first axle of the truck-tractor and the first axle of
the first consecutive set of tandem axles is 15 feet or more, the
overall distance between the first and last axles of two
consecutive sets of tandem axles is 36 feet or more, the distance
between each individual axle in each axle group, measured from the
center of the axle, is between 48 inches and 54 inches, and:
(1) a two-axle group does not exceed 36,500 pounds;
and
(2) a three-axle group does not exceed 42,500 pounds.
(c) To qualify for a permit under this subchapter, a permit
fee of $1,200 must be paid.
(d) A permit issued under this subchapter:
(1) is valid for one year; and
(2) must be carried in the truck-tractor for which it
is issued.
Sec. 623.402. PERMIT STICKER. (a) When the department
issues a permit under this subchapter, the department shall issue a
sticker to be placed on the front windshield of the truck-tractor.
The department shall design the form of the sticker to aid in the
enforcement of weight limits for vehicles.
(b) The sticker must:
(1) indicate the expiration date of the permit; and
(2) be removed from the truck-tractor when:
(A) the permit for operation of the vehicle
combination expires;
(B) a lease of the truck-tractor expires; or
(C) the truck-tractor is sold.
Sec. 623.403. COUNTY DESIGNATION; DISTRIBUTION OF FEE. (a)
An applicant for a permit under this subchapter must designate in
the permit application the counties in which the applicant intends
to operate. A permit issued under this subchapter is not valid in a
county that is not designated in the permit application.
(b) Of the fee collected under this subchapter for a permit:
(1) 75 percent of the amount collected shall be
deposited to the credit of the state highway fund;
(2) 15 percent of the amount collected shall be
divided equally among and distributed to the counties designated in
the permit application; and
(3) 10 percent of the amount collected shall be
deposited to the credit of the Texas Department of Motor Vehicles
fund.
(c) At least once each fiscal year, the comptroller shall
send the amount due each county under Subsection (b) to the county
treasurer or officer performing the function of that office for
deposit to the credit of the county road and bridge fund.
Sec. 623.404. PERMIT CONDITIONS. (a) Except as provided by
Subsections (b) and (c), a vehicle combination operating under a
permit under this subchapter may operate on a federal interstate
highway or a state, county, or municipal road, including a frontage
road adjacent to a federal interstate highway, if the truck-tractor
displays a sticker required by Section 623.402 and the vehicle
combination does not exceed the maximum axle or gross weight
applicable to the combination under the terms of the permit.
(b) A permit issued under this subchapter authorizes the
operation of a truck-tractor and semitrailer combination only on
highways and roads approved by the Texas Department of
Transportation.
(c) A permit issued under this subchapter does not authorize
the operation of a truck-tractor and semitrailer combination on a
county road or bridge for which a maximum weight and load limit has
been established and posted under Section 621.301.
Sec. 623.405. CERTAIN COUNTY OR MUNICIPAL ACTIONS
PROHIBITED. Unless otherwise provided by state or federal law, a
county or municipality may not require a permit, fee, or license for
the operation of a vehicle combination described by Section
623.401(a) or (b) in addition to a permit, fee, or license required
by state law.
Sec. 623.406. EXCLUSIVE PERMIT. A permit issued under this
subchapter is the only permit issued by the department under this
chapter that may be used to transport fluid milk.
Sec. 623.407. RULES. (a) The department shall adopt rules
necessary to implement this subchapter, including rules governing
the application for a permit under this subchapter.
(b) The Department of Public Safety shall adopt rules
requiring additional safety and driver training for permits issued
under this subchapter.
SECTION 3. Section 623.003(b), Transportation Code, is
amended to read as follows:
(b) The Texas Department of Transportation shall provide
the department with all routing information necessary to complete a
permit issued under Section 623.071, 623.121, 623.142, [or]
623.192, or 623.401.
SECTION 4. This Act takes effect January 1, 2018.