S.B. No. 1524

	AN ACT
	relating to the movement of certain vehicles, including 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 550.062, Transportation Code, is amended
	by adding Subsection (b-1) to read as follows:
	(b-1)  If the motor vehicle accident involved a combination
	of vehicles operating under a permit issued under Section 623.402,
	the report required by Subsection (a) must include the weight and
	the number of axles of the vehicle combination.
	SECTION 2.  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 3.  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 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 only if:
	(1)  the gross weight of the combination does not
	exceed 93,000 pounds;
	(2)  the distance between the front axle of the
	truck-tractor and the last axle of the semitrailer, measured
	longitudinally, is approximately 647 inches;
	(3)  the truck-tractor is configured as follows:
	(A)  one single axle that does not exceed 13,000
	pounds;
	(B)  one two-axle group that does not exceed
	37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
	and
	(C)  the distance between the individual axles on
	the two-axle group of the truck-tractor, measured longitudinally,
	is not less than 51 inches and not more than 52 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 by a truck-tractor and semitrailer
	combination that has seven total axles and is equipped with a 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 front axle of the
	truck-tractor and the last axle of the semitrailer, measured
	longitudinally, is approximately 612 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;
	and
	(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
	(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 $6,000, of which:
	(1)  50 percent shall be deposited to the credit of the
	state highway fund;
	(2)  30 percent shall be equally divided among and
	distributed to each county designated in the permit application;
	(3)  16 percent shall be equally divided among and
	distributed to each municipality designated in the permit
	application; and
	(4)  4 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.
	(c)  At least once each fiscal year, the comptroller shall
	send the amount due each municipality under Subsection (a) to the
	office performing the function of treasurer for the municipality.
	A municipality may use funds received under this subsection only to
	fund commercial motor vehicle enforcement programs or road or
	bridge maintenance or infrastructure projects.
	(d)  Notwithstanding Subsection (a), the amount of a fee
	under Subsection (a) to accompany a permit application that is
	received on or after January 1, 2028, must be determined by the
	department after consultation with The University of Texas Center
	for Transportation Research and the Texas A&M Transportation
	Institute.
	Sec. 623.405.  ROUTE RESTRICTIONS. (a)  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; or
	(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.
	(b)  Subject to Section 623.406, 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.
	Sec. 623.406.  PERMIT CONDITIONS. (a)  In this section:
	(1)  "Port authority" means a port authority or
	navigation district created or operating under Section 52, Article
	III, or Section 59, Article XVI, Texas Constitution.
	(2)  "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 authority or port of
	entry that is located in a county contiguous to the Gulf of Mexico
	or a bay or inlet opening into the gulf; and
	(2)  may not exceed 30 miles from the port authority or
	port of entry and must be on a highway or road described by Section
	623.405(b).
	(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).
	(e)  A permit issued under this subchapter does not authorize
	the transportation of a sealed intermodal shipping container in a
	county that borders New Mexico and the United Mexican States.
	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.  STUDY. Beginning in 2022, not later than
	September 1 of each even-numbered year, the Texas Department of
	Transportation shall conduct a study concerning vehicles operating
	under a permit issued under this subchapter and publish the results
	of the study. In conducting the study, the Texas Department of
	Transportation shall collect and examine the following
	information:
	(1)  the weight and configuration of vehicles operating
	under a permit issued under this subchapter that are involved in a
	motor vehicle accident;
	(2)  the types of vehicles operating under a permit
	issued under this subchapter;
	(3)  traffic volumes and variations of vehicles
	operating under a permit issued under this subchapter;
	(4)  weigh-in-motion data for highways and roads
	located in and around the area described by Section 623.405(b);
	(5)  impacts to state and local bridges, including
	long-term bridge performance, for bridges located in and around the
	area described by Section 623.405(b); and
	(6)  impacts to state and local roads, including
	changes in pavement design standards, construction specification
	details, maintenance frequency and types, and properties of
	pavement and underlying soils resulting from or necessitated by
	vehicles operating under a permit issued under this subchapter.
	Sec. 623.411.  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 4.  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 623.402.
	SECTION 5.  Section 623.018(d), Transportation Code, is
	amended to read as follows:
	(d)  If a vehicle is being operated in compliance with [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)  [, to] make a filing or application; or
	(C)  [, or to] provide a bond or letter of credit,
	other than the bond or letter of credit prescribed by Section
	623.012 for a vehicle issued a permit under Section 623.011.
	SECTION 6.  Section 623.019(f), Transportation Code, is
	amended to read as follows:
	(f)  A justice or municipal court [of the peace] has
	jurisdiction of an [any] offense under this section. [A municipal
	court has jurisdiction of an offense under this section in which the
	fine does not exceed $500.]
	SECTION 7.  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 8.  This Act takes effect January 1, 2018.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1524 passed the Senate on
	April 10, 2017, by the following vote: Yeas 26, Nays 5; and that
	the Senate concurred in House amendments on May 16, 2017, by the
	following vote: Yeas 25, Nays 5.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1524 passed the House, with
	amendments, on May 11, 2017, by the following vote: Yeas 83,
	Nays 51, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor