HBA-JEK S.B. 220 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 220
By: Shapiro
Transportation
3/20/2001
Engrossed



BACKGROUND AND PURPOSE 

Texas law currently prohibits the loading or unloading of a vehicle that
exceeds established weight limitations.  The law authorizes only certain
peace officers to weigh a vehicle on a state maintained highway or to
enforce state and federal standards regarding commercial vehicle safety.
The law also allows commercial vehicles with a weight tolerance permit to
travel over any bridge in the state regardless of the vehicle's weight.
Senate Bill 220 modifies law regarding the regulation and enforcement of
weight limitations and safety standards for certain commercial motor
vehicles. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 9 (Sec. 644.101, Transportation Code) and SECTION 10 (Section
644.102, Transportation Code) of this bill. 

ANALYSIS

Senate Bill 220 amends the Transportation Code to set forth the conditions
under which a document is admissible as relevant evidence in a proceeding
regarding a violation of a weight restriction by a commercial motor vehicle
(Sec. 621.007).  The bill prohibits the operation of a vehicle or
combination of vehicles over or on any public highway or at a port-of-entry
between Texas and the United Mexican States if the vehicle or combination
exceeds the maximum weight limits set forth in the bill (Sec. 621.101). 

S.B. 220 authorizes the commissioners court of a county to establish load
limits for any county road or bridge only with the concurrence of the Texas
Department of Transportation (department) (Sec. 621.301). The bill requires
a person who weighs cargo transported by a commercial motor vehicle before
or after unloading to keep a written record for no less than 180 days that
contains the information specified in the bill and is in the form
prescribed by the department.  The bill requires a person to make the
record available to inspection and copying by a weight enforcement officer
on demand, and specifies that a warrant is not required for this inspection
and copying (Sec. 621.410).  The bill provides that a person who fails to
keep such a weight record commits a Class C misdemeanor (Sec. 621.509). 

S.B. 220  provides that a permit for excess axle or gross weight does not
authorize the operation of a vehicle on a bridge for which a maximum weight
and load limit has been established and posted if the gross weight and load
of the vehicle or its axles and wheels is greater than the posted limits.
This restriction does not apply if the bridge provides the only public
vehicular access from an origin or to a destination by a permit holder.
The bill requires the permit holder to notify the county judge or office of
the sheriff within 24 hours prior to operating an overweight vehicle on the
bridge (Sec. 623.0113). 

S.B. 220 requires the department to develop and maintain a database on
roadside vehicle inspection reports for defects on any intermodal equipment
that includes all citations involving intermodal equipment issued by
certified peace officers.  The bill requires the database to be used to
identify violations discovered on intermodal equipment during a roadside
inspection (Sec. 644.005).  The bill includes sheriffs and deputy sheriffs
as peace officers for which the department is required to establish
procedures for the enforcement  of commercial motor vehicle safety
standards.  The bill provides that a sheriff or a deputy sheriff of a
county bordering the United Mexican States is eligible to apply for
certification to enforce commercial motor vehicle safety standards, and
requires the department to establish by rule reasonable fees to recover
from a county the cost of certification (Sec. 644.101).  The bill
authorizes a certified sheriff or deputy sheriff to detain on a highway or
at a port of entry within the territory of the county a motor vehicle that
is subject to commercial motor vehicle safety standards (Sec. 644.103). 

S.B. 220 sets forth county enforcement requirements for the enforcement of
commercial motor vehicle safety standards.  The bill authorizes a county to
retain fines from the enforcement of commercial motor vehicle safety
standards in an amount not to exceed 110 percent of the county's actual
expenses for the enforcement in the preceding fiscal year.  The bill
authorizes a county to retain fines in an amount not to exceed 110 percent
of the amount the comptroller estimates would be the county's actual
expenses for enforcement during the year if there are no actual expenses
for the enforcement of the standards.  The bill requires the department to
revoke or rescind the certification of any peace officer who fails to
comply with any of the enforcement requirements.  The bill requires the
department by rule to establish uniform standards for county enforcement of
general provisions relating to vehicle size and weight (Sec. 644.102).  

EFFECTIVE DATE

September 1, 2001.