HBA-ATS S.B. 1648 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1648 By: Cain Transportation 5/18/1999 Engrossed BACKGROUND AND PURPOSE The Transportation Code authorizes the operation of certain vehicles in excess of standard legal weight restrictions. Vehicles exempted from the statutorily-prescribed weight limits include those used exclusively to transport solid waste, ready-mixed concrete trucks, and vehicles used exclusively to transport recyclable materials. Before any of these vehicles may be operated on state public highways, the owner must file with the Texas Department of Transportation (TxDOT) a surety bond. The bond must be conditioned that the owner of the vehicle will pay to the state, within the limits of the bond, any damage to a highway caused by the operation of the vehicle. For both TxDOT and the trucking industry, the costs associated with the requirement of filing the surety bond may outweigh the benefits to the state because the vehcile's insurance has proven to be sufficient to protect the state against damages to its highways. A better alternative to a surety bond may be to require permits for these vehicles. A fee for the permit would allow TxDOT to recover its costs as well as provide a mechanism for TxDOT to determine how many of the vehicles are traveling on the state highway system. S.B. 1648 creates similar regulatory mechanisms for all three types of exempted vehicles. The bill requires the TxDOT to issue a permit to a person to operate on a state highway a vehicle used exclusively to transport solid waste, a ready-mixed concrete truck, and a vehicle used exclusively to transport recyclable materials if the vehicle meets certain weight restrictions. The issuance of a permit is authorized only if the vehicle to be operated under the permit is registered for maximum gross weight and operated by a registered motor carrier. However, a vehicle owned by a municipality is authorized to operate, within certain statutorily-prescribed weight limits, without obtaining a permit or paying a fee. The bill also provides that an application for a permit must be accompanied by a fee of $20 for each vehicle for one year or $40 for each vehicle for two years. TxDOT is required to send the fee to the comptroller of public accounts for deposit to the credit of the state highway fund. In addition, this bill creates an offense for a person who holds a permit if that person operates or directs the operation of the vehicle on a public highway and is criminally negligent with regard to the operation of the vehicle at a weight heavier than the authorized weight limit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 623.162, Transportation Code, as follows: Sec. 623.162. New title: PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. Requires the Texas Department of Transportation (TxDOT) to issue a permit to a person to operate on a state highway a vehicle used exclusively to transport solid waste, rather than authorizes the operation on a state public highway of a vehicle used exclusively to transport solid waste, with a tandem axle load not heavier than 44,000 pounds, a single axle load not heavier than 21,000 pounds, and a gross load not heavier than 64,000 pounds. Makes nonsubstantive changes. SECTION 2. Amends Section 623.163, Transportation Code, as follows: Sec. 623.163. New title: PERMIT FEE. Provides that an application for a permit under Subchapter H (Vehicles Transporting Solid Waste) must be accompanied by a fee of $20 for each vehicle for one year or $40 for each vehicle for two years. Requires TxDOT to send the fee to the comptroller of public accounts for deposit to the credit of the state highway fund. Deletes the requirement that an owner of a vehicle heavier than 34,000 pounds file a surety bond in the maximum amount of $15,000 with TxDOT before operating the vehicle on a state highway. Deletes the provision that the bond must be conditioned that the vehicle's owner pay for damages caused by the operation of the vehicle. Deletes the provision that this section does not apply to a municipally owned vehicle. SECTION 3. Amends Subchapter H, Chapter 623, Transportation Code, by adding Section 623.1635, as follows: Sec. 623.1635. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a permit under Subchapter H only if the vehicle to be operated under the permit is registered for maximum gross weight and operated by a registered motor carrier. SECTION 4. Amends Subchapter H, Chapter 623, Transportation Code, by adding Section 623.1645, as follows: Sec. 623.1645. EXCEPTION. Authorizes the operation, within certain statutorily-prescribed weight limits, of a vehicle owned by a municipality or county without obtaining a permit or paying a fee. SECTION 5. Amends Section 623.165(a), Transportation Code, to create an offense for a person who holds a permit issued under Subchapter H if that person operates or directs the operation of the vehicle on a public highway and is criminally negligent with regard to the operation of the vehicle at a weight heavier than the weight limit authorized by Subchapter H. Makes a conforming change. SECTION 6. Amends Chapter 623, Transportation Code, by adding Subchapter L, as follows: SUBCHAPTER L. VEHICLES TRANSPORTING READY-MIXED CONCRETE Sec. 623.231. DEFINITION; DESIGNATION AS PERISHABLE. Defines "ready-mixed concrete truck." Designates ready-mixed concrete (concrete) as a perishable product. Sec. 623.232. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. Requires TxDOT to issue a permit to a person to operate on a state highway a concrete truck with a tandem axle load not heavier than 46,000 pounds and a single axle load not heavier than 23,000 pounds, or at a weight that exceeds the maximum single axle or tandem axle load limitation by not more than 10 percent if the gross load is not heavier than 69,000 pounds. Sec. 623.233. PERMIT FEE. Provides that an application for a permit under this subchapter must be accompanied by a fee of $20 for each vehicle for one year or $40 for each vehicle for two years. Requires TxDOT to send the fee to the comptroller of public accounts for deposit to the credit of the state highway fund. Sec. 623.234. LOCAL REGULATION. Authorizes a governing body of a county or municipality (governing body) to prescribe rules for the operation of a concrete truck over a public highway maintained by the county or municipality that is insufficient to carry a load permitted by this subchapter. Authorizes the rules to include weight limitations on a truck with a tandem axle load that is heavier than 36,000 pounds, a single axle load that is heavier than 12,000 pounds, or a gross load that is heavier than 48,000 pounds. Sec. 623.235. LOCAL SURETY BOND. Authorizes the governing body to require an owner of the concrete truck to file a surety bond for a maximum amount of $15,000 and conditioned that the owner will pay for damages to the highway caused by the operation of a vehicle with a tandem axle load heavier than 34,000 pounds. Sec. 623.236. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a permit under this subchapter only if the vehicle to be operated under the permit is registered for maximum gross weight and operated by a registered motor carrier. Sec. 623.237. INTERSTATE AND DEFENSE HIGHWAYS. Provides that the permit issued does not authorize the operation of a vehicle that is bigger or heavier than that authorized by federal laws on the national system of interstate and defense highways (defense highways) in this state. Provides that if the United States authorizes operation of a vehicle that is bigger or heavier than that authorized on January 1, 1977, the new limit automatically takes effect on the defense highways. Sec. 623.238. EXCEPTION. Authorizes the operation, within certain statutorily-prescribed weight limits, of a vehicle owned by a municipality or county without obtaining a permit or paying a fee. Sec. 623.239. PENALTIES. Creates an offense for a person who holds a permit issued under this subchapter if that person operates or directs the operation of the vehicle on a public highway and is criminally negligent with regard to the operation of the vehicle at a weight heavier than the weight limit authorized by this subchapter. Establishes that an offense is a misdemeanor punishable by fines, conviction, or both. Provides that a corporation is not subject to confinement for an offense under this section, but authorizes the imposition of a fine two times the maximum fine levied under this section. SECTION 7. Amends Chapter 623, Transportation Code, by adding Subchapter M, as follows: SUBCHAPTER M. CERTAIN VEHICLES TRANSPORTING RECYCLABLE MATERIALS Sec. 623.251. DEFINITION. Defines "recyclable material." Sec. 623.252. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter applies only to a vehicle other than a tractor-trailer combination, only if equipped with a container roll-off unit or a front-end loader. Sec. 623.253. PERMIT TO EXCEED AXLE-LOAD RESTRICTIONS. Requires TxDOT to issue a permit to a person to operate on a state highway a vehicle used exclusively to transport recyclable material with a tandem axle load not heavier than 44,000 pounds, a single axle load not heavier than 21,000 pounds, and a gross load not heavier than 69,000 pounds. Sec. 623.254. PERMIT FEE. Provides that an application for a permit under this subchapter must be accompanied by a fee of $20 for each vehicle for one year or $40 for each vehicle for two years. Requires TxDOT to send the fee to the comptroller of public accounts for deposit to the credit of the state highway fund. Sec. 623.255. COMPLIANCE WITH OTHER LAWS. Authorizes the issuance of a permit under this subchapter only if the vehicle to be operated under the permit is registered for maximum gross weight and operated by a registered motor carrier. Sec. 623.256. INTERSTATE AND DEFENSE HIGHWAYS. Provides that the permit issued does not authorize the operation of a vehicle that is bigger or heavier than that authorized by federal laws on the defense highways in this state. Provides that if the United States authorizes operation of a vehicle that is bigger or heavier than that authorized on January 1, 1983, the new limit automatically takes effect on the defense highways. Sec. 623.257. EXCEPTION. Authorizes the operation, within certain statutorily-prescribed weight limits, of a vehicle owned by a municipality or county without obtaining a permit or paying a fee. Sec. 623.258. PENALTIES. Creates an offense for a person who holds a permit issued under this subchapter if that person operates or directs the operation of the vehicle on a public highway and is criminally negligent with regard to the operation of the vehicle at a weight heavier than the weight limit authorized by this subchapter. Establishes that an offense is a misdemeanor punishable by fines, conviction, or both. Provides that a corporation is not subject to confinement for an offense under this section, but authorizes the imposition of a fine two times the maximum fine levied under this section. SECTION 8. Repealer: Subchapter B (Vehicles Transporting Ready-Mixed Concrete) and Subchapter J (Certain Vehicles Transporting Recyclable Materials), Chapter 622, Transportation Code. SECTION 9. Effective date: January 1, 2000. SECTION 10. Emergency clause.