Bill Text: TX HB3854 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the movement of certain vehicles transporting an intermodal shipping container; authorizing a fee; creating an offense.
Spectrum: Slight Partisan Bill (Republican 15-7)
Status: (Introduced - Dead) 2017-05-10 - Laid on the table subject to call [HB3854 Detail]
Download: Texas-2017-HB3854-Introduced.html
Bill Title: Relating to the movement of certain vehicles transporting an intermodal shipping container; authorizing a fee; creating an offense.
Spectrum: Slight Partisan Bill (Republican 15-7)
Status: (Introduced - Dead) 2017-05-10 - Laid on the table subject to call [HB3854 Detail]
Download: Texas-2017-HB3854-Introduced.html
By: Morrison | H.B. No. 3854 |
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relating to the movement of certain vehicles transporting an | ||
intermodal shipping container; authorizing a fee; creating an | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 621.303, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 621.303. MUNICIPAL REGULATION OF LOADS AND EQUIPMENT. | ||
(a) The governing body of any municipality may regulate the | ||
movement and operation on a public road, other than a state highway | ||
in the territory of the municipality, of: | ||
(1) an overweight, oversize, or overlength commodity | ||
that cannot reasonably be dismantled; and | ||
(2) superheavy or oversize equipment for the | ||
transportation of an overweight, oversize, or overlength commodity | ||
that cannot be reasonably dismantled. | ||
(b) The governing body of a municipality may not, because of | ||
weight, regulate the movement and operation on a state highway or | ||
county or municipal road of a combination of vehicles operating | ||
under a permit issued under Section 623.402. | ||
SECTION 2. Chapter 623, Transportation Code, is amended by | ||
adding Subchapter U to read as follows: | ||
SUBCHAPTER U. INTERMODAL SHIPPING CONTAINERS | ||
Sec. 623.401. DEFINITION. In this subchapter, "intermodal | ||
shipping container" means an enclosed, standardized, reusable | ||
container that: | ||
(1) is used to pack, ship, move, or transport cargo; | ||
(2) is designed to be carried on a semitrailer and | ||
loaded onto or unloaded from: | ||
(A) a ship or vessel for international | ||
transportation; or | ||
(B) a rail system for international | ||
transportation; and | ||
(3) when combined with vehicles transporting the | ||
container, has a gross weight or axle weight that exceeds the limits | ||
allowed by law to be transported over a state highway or county or | ||
municipal road. | ||
Sec. 623.402. ISSUANCE OF PERMIT. (a) The department may | ||
issue an annual permit authorizing the movement of a sealed | ||
intermodal shipping container moving in international | ||
transportation via a truck-tractor and semitrailer combination | ||
that has six total axles that is equipped with Roll Stability | ||
Support Safety System and truck Blind Spot Systems only if: | ||
(1) the gross weight of the combination does not | ||
exceed 93,000 pounds; | ||
(2) the distance between the rear axle of the | ||
truck-tractor and the front axle of the semitrailer, measured | ||
longitudinally, is approximately 322 inches; | ||
(3) the truck-tractor is configured as follows: | ||
(A) one single axle that does not exceed 15,000 | ||
pounds; | ||
(B) one two-axle group that does not exceed | ||
36,250 pounds, in which no axle in the group exceeds 18,200 pounds; | ||
(C) the distance between the individual axles on | ||
the two-axle group of the truck-tractor, measured longitudinally, | ||
is 52 inches; and | ||
(D) the distance between the single axle on the | ||
truck-tractor and the nearest axle of the two-axle group on the | ||
truck-tractor, measured longitudinally, is approximately 154 | ||
inches; and | ||
(4) the semitrailer is configured as follows: | ||
(A) one three-axle group that does not exceed | ||
49,195 pounds, in which no axle in the group exceeds 16,400 pounds; | ||
and | ||
(B) the distance between the individual axles in | ||
the three-axle group of the semitrailer, measured longitudinally, | ||
is 60 inches. | ||
(b) The department may issue an annual permit authorizing | ||
the movement of a sealed intermodal shipping container moving in | ||
international transportation via a truck-tractor and semitrailer | ||
combination that has seven total axles that is equipped with Roll | ||
Stability Support Safety System and truck Blind Spot Systems only | ||
if: | ||
(1) the gross weight of the combination does not | ||
exceed 100,000 pounds; | ||
(2) the distance between the rear axle of the | ||
truck-tractor and the front axle of the semitrailer, measured | ||
longitudinally, is approximately 256 inches; | ||
(3) the truck-tractor is configured as follows: | ||
(A) one single axle that does not exceed 15,000 | ||
pounds; | ||
(B) one three-axle group that does not exceed | ||
44,500 pounds, in which no axle in the group exceeds 14,900 pounds; | ||
(C) the distance between the individual axles on | ||
the three-axle group of the truck-tractor, measured | ||
longitudinally, is not less than 51 inches and not more than 52 | ||
inches; and | ||
(D) the distance between the single axle on the | ||
truck-tractor and the nearest axle of the three-axle group on the | ||
truck-tractor, measured longitudinally, is 135 inches or greater; | ||
and | ||
(4) the semitrailer is configured as follows: | ||
(A) one three-axle group that does not exceed | ||
46,200 pounds, in which no axle in the group exceeds 15,400 pounds; | ||
and | ||
(B) the distance between the individual axles in | ||
the three-axle group of the semitrailer, measured longitudinally, | ||
is 60 inches. | ||
(c) For purposes of Subsections (a) and (b), the gross | ||
weight, group weights, and axle weights listed in those subsections | ||
include all enforcement tolerances. | ||
Sec. 623.403. COUNTY AND MUNICIPALITY DESIGNATION. (a) An | ||
applicant for a permit under this subchapter must designate each | ||
county and municipality in which the permit will be used. | ||
(b) A permit issued under this subchapter is not valid in a | ||
county or municipality that is not designated in the permit | ||
application. | ||
Sec. 623.404. PERMIT FEE. (a) An application for a permit | ||
under Section 623.402(a) or (b) must be accompanied by a permit fee | ||
of $5,000, of which: | ||
(1) 60 percent shall be deposited to the credit of the | ||
state highway fund; | ||
(2) 35 percent shall be equally divided among and | ||
distributed to each county designated in the permit application; | ||
and | ||
(3) 5 percent shall be deposited to the credit of the | ||
Texas Department of Motor Vehicles fund. | ||
(b) At least once each fiscal year, the comptroller shall | ||
send the amount due each county under Subsection (a) to the county | ||
treasurer or office performing the function of that office for | ||
deposit to the credit of the county road and bridge fund. | ||
Sec. 623.405. ROUTE RESTRICTIONS. A permit issued under | ||
this subchapter does not authorize the operation of a truck-tractor | ||
and semitrailer combination on: | ||
(1) the national system of interstate and defense | ||
highways; | ||
(2) load-restricted roads or bridges, including a road | ||
or bridge for which a maximum weight and load limit has been | ||
established and posted by the Texas Department of Transportation | ||
under Section 621.102 or the commissioners court of a county under | ||
Section 621.301; or | ||
(3) routes for which the Texas Department of | ||
Transportation has not authorized the operation of truck-tractor | ||
and semitrailer combinations. | ||
Sec. 623.406. PERMIT CONDITIONS. (a) In this section, | ||
"port of entry" has the meaning assigned by Section 621.001. | ||
(b) The transportation of a sealed intermodal shipping | ||
container under a permit issued under this subchapter: | ||
(1) must begin or end at a port of entry that is | ||
located: | ||
(A) in a county contiguous to the Gulf of Mexico | ||
or a bay or inlet opening into the gulf; or | ||
(B) between this state and the United Mexican | ||
States; | ||
(2) may not exceed a 30-mile radius from the port of | ||
entry; and | ||
(3) may occur only on a route for which the Texas | ||
Department of Transportation has authorized the transportation of | ||
intermodal shipping containers. | ||
(c) In addition to the requirements of Subsection (b), the | ||
intermodal shipping container must be continuously sealed from the | ||
point of origin to the point of destination with a seal that is | ||
required by: | ||
(1) the United States Customs and Border Protection; | ||
(2) the United States Food and Drug Administration; or | ||
(3) federal law or regulation. | ||
(d) A permit issued under this subchapter does not authorize | ||
the transportation of a material designated as of January 1, 2017, | ||
as a hazardous material by the United States secretary of | ||
transportation under 49 U.S.C. Section 5103(a). | ||
Sec. 623.407. 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. | ||
(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 truck-tractor | ||
expires; | ||
(B) a lease of the truck-tractor expires; or | ||
(C) the truck-tractor is sold. | ||
Sec. 623.408. PERMIT AND WEIGHT RECORD DOCUMENTS. (a) A | ||
permit issued under this subchapter must be carried in the | ||
truck-tractor for which the permit is issued. | ||
(b) A copy of the weight record in the form prescribed by the | ||
department must contain the information required by Section | ||
621.410(c) and must be: | ||
(1) carried in the truck-tractor if the truck-tractor | ||
is: | ||
(A) on a public highway or road; and | ||
(B) transporting an intermodal shipping | ||
container that contains cargo; and | ||
(2) presented, on request, to an officer authorized to | ||
enforce this subtitle, regardless of whether a weight record is | ||
required under Section 621.410. | ||
Sec. 623.409. OFFENSE. (a) A person commits an offense if | ||
the person fails to: | ||
(1) display the sticker described by Section | ||
623.407(a) in the manner required by that section; | ||
(2) carry a permit issued under this subchapter as | ||
required by Section 623.408(a); or | ||
(3) carry or present a weight record as required by | ||
Section 623.408(b). | ||
(b) An offense under this section is a Class C misdemeanor. | ||
Sec. 623.410. 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, [ |
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623.192, or 623.402. | ||
SECTION 4. Section 623.018(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) If a vehicle has a permit issued under Section 623.011 | ||
or 623.402, a commissioners court may not: | ||
(1) issue a permit under this section or charge an | ||
additional fee for or otherwise regulate or restrict the operation | ||
of the vehicle because of weight; or | ||
(2) require the owner or operator to: | ||
(A) execute or comply with a road use agreement | ||
or indemnity agreement; | ||
(B) [ |
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(C) [ |
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other than the bond or letter of credit prescribed by Section | ||
623.012 for a vehicle issued a permit under Section 623.011. | ||
SECTION 5. Subchapter D, Chapter 623, Transportation Code, | ||
is amended by adding Section 623.070 to read as follows: | ||
Sec. 623.070. NONAPPLICABILITY OF SUBCHAPTER. This | ||
subchapter does not apply to the transportation of an intermodal | ||
shipping container as defined by Section 623.401, regardless of | ||
whether the container is sealed or unsealed. | ||
SECTION 6. This Act takes effect September 1, 2017. |