Bill Text: TX SB1383 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the operation of vehicles transporting fluid milk; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-12 - Effective on 1/1/18 [SB1383 Detail]
Download: Texas-2017-SB1383-Introduced.html
Bill Title: Relating to the operation of vehicles transporting fluid milk; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-12 - Effective on 1/1/18 [SB1383 Detail]
Download: Texas-2017-SB1383-Introduced.html
85R11409 JRR-F | ||
By: Perry | S.B. No. 1383 |
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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 621.102(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) A vehicle operating under a permit issued under Section | ||
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, | ||
623.212, [ |
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operate under the conditions authorized by the permit over a road | ||
for which the executive director of the Texas Department of | ||
Transportation has set a maximum weight under this section. | ||
SECTION 2. Section 621.301(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) A vehicle operating under a permit issued under Section | ||
623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, | ||
623.212, [ |
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operate under the conditions authorized by the permit over a road | ||
for which the commissioners court has set a maximum weight under | ||
this section. | ||
SECTION 3. 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 [ |
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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 4. 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 that authorizes the operation | ||
of a vehicle combination used to transport fluid milk: | ||
(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 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 vehicle for which it is | ||
issued. | ||
(e) A vehicle issued a permit under this subchapter may | ||
operate on a federal interstate highway or a state, county, or | ||
municipal road, including a load-zoned county road or a frontage | ||
road adjacent to a federal interstate highway, if the vehicle | ||
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. | ||
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 vehicle. 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 vehicle when: | ||
(A) the permit for operation of the vehicle | ||
expires; | ||
(B) a lease of the vehicle expires; or | ||
(C) the vehicle 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. ROUTE RESTRICTIONS. (a) Except as provided | ||
by Subsection (b), a permit issued under this subchapter does not | ||
authorize the operation of a vehicle combination on a bridge for | ||
which a maximum weight and load limit has been established and | ||
posted under Section 621.102 or 621.301, if the gross weight of the | ||
vehicle combination and load or the axles and wheel loads are | ||
greater than the limits established and posted under those | ||
sections. | ||
(b) The restrictions under Subsection (a) do not apply if a | ||
bridge described by that subsection provides the only public | ||
vehicular access from an origin or to a destination by a holder of a | ||
permit issued under this subchapter. | ||
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. No other permit under this | ||
chapter may be used to transport fluid milk, provided that a vehicle | ||
combination operating under a permit issued under this subchapter | ||
may be operated in accordance with a permit issued under Subchapter | ||
K, L, M, O, P, S, or T. | ||
SECTION 5. This Act takes effect January 1, 2018. |