Bill Text: TX HB3255 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to motor vehicle size and weight limitations, including the enforcement of those limitations; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB3255 Detail]
Download: Texas-2017-HB3255-Comm_Sub.html
85R25601 JRR-F | |||
By: Phillips | H.B. No. 3255 | ||
Substitute the following for H.B. No. 3255: | |||
By: Morrison | C.S.H.B. No. 3255 |
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relating to motor vehicle size and weight limitations, including | ||
the enforcement of those limitations; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 621.503, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR | ||
WEIGHT LIMITATION. | ||
SECTION 2. Sections 621.503(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person may not load, or cause to be loaded, a vehicle | ||
for operation on a public highway of this state that exceeds the | ||
height, width, length, or weight limitations for operation of that | ||
vehicle provided by this subtitle [ |
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(b) Intent to violate a weight limitation is presumed if the | ||
weight of the loaded vehicle is heavier than the applicable axle or | ||
gross weight limit by 15 percent or more. | ||
SECTION 3. Subchapter G, Chapter 621, Transportation Code, | ||
is amended by adding Section 621.511 to read as follows: | ||
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person | ||
commits an offense if: | ||
(1) the person operates or moves on a public highway a | ||
vehicle that is issued a permit under this subtitle; and | ||
(2) the person operating or moving the vehicle is not | ||
the person named on the permit for the vehicle. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
SECTION 4. Subchapter A, Chapter 623, Transportation Code, | ||
is amended by adding Sections 623.004 and 623.005 to read as | ||
follows: | ||
Sec. 623.004. DENIAL OF PERMIT: OUT-OF-SERVICE MOTOR | ||
CARRIER. (a) The department may deny an application for a permit | ||
under this subtitle submitted by an applicant who is the subject of | ||
an out-of-service order issued by the Federal Motor Carrier Safety | ||
Administration. | ||
(b) A denial of an application for a permit under this | ||
section is not required to be preceded by notice and an opportunity | ||
for hearing. | ||
(c) An applicant may appeal a denial under this section by | ||
filing an appeal with the department not later than the 26th day | ||
after the date the department issues notice of the denial to the | ||
applicant. | ||
Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT | ||
OF MOTOR VEHICLES FUND. (a) This section applies only to a permit | ||
authorized by the legislature on or after September 1, 2019. | ||
(b) Ten percent of the fee collected for a permit issued by | ||
the department under this subtitle shall be deposited to the credit | ||
of the Texas Department of Motor Vehicles fund with the remaining | ||
fee distribution to be adjusted proportionately, if needed. | ||
(c) Subsection (b) does not apply if a provision of this | ||
subtitle expressly requires a different amount of a fee collected | ||
to be deposited to the credit of the Texas Department of Motor | ||
Vehicles fund. | ||
SECTION 5. The heading to Section 623.272, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE | ||
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. | ||
SECTION 6. Section 623.272(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may investigate and impose an | ||
administrative penalty on a shipper who: | ||
(1) does not provide a shipper's certificate of weight | ||
required under Section 623.274(b); or | ||
(2) provides false information on a shipper's | ||
certificate of weight that the shipper delivers to a person | ||
transporting a shipment. | ||
SECTION 7. Section 623.274, Transportation Code, is amended | ||
by amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) On the written request of the person transporting the | ||
shipment, a [ |
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shipper must: | ||
(1) certify that the information contained on the | ||
certificate of weight [ |
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(2) deliver the certificate of weight to the person | ||
transporting the shipment [ |
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(c) A person transporting a shipment must provide the | ||
department with a copy of the certificate of weight before the | ||
issuance of an overweight permit under this chapter if the combined | ||
weight of the vehicle or vehicles and load is more than 200,000 | ||
pounds. | ||
SECTION 8. (a) The changes in law made by this Act apply | ||
only to an offense or violation committed on or after the effective | ||
date of this Act. An offense or violation committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense or violation was committed before the | ||
effective date of this Act if any element of the offense or | ||
violation occurred before that date. | ||
(b) The change in law made by this Act relating to an | ||
application filed under Chapter 623, Transportation Code, applies | ||
only to an application filed under that chapter on or after the | ||
effective date of this Act. An application filed before that date | ||
is governed by the law in effect on the date the application was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2017. |