HBA-JEK C.S.S.B. 220 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 220 By: Shapiro Transportation 4/24/2001 Committee Report (Substituted) 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. C.S.S.B. 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 10 (Section 644.101, Transportation Code) and SECTION 11 (Section 644.102, Transportation Code) of this bill. ANALYSIS C.S.S.B. 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). C.S.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 (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). C.S.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 (Sec. 623.0113). C.S.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 or of a county of 2.2 million or more 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. The bill prohibits any peace officer who does not attend certain courses on traffic and highway law enforcement from enforcing traffic and highway laws (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). C.S.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. The provisions regarding failure to maintain a weight record take effect on October 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 220 differs from the original by requiring a load limit for a county road or bridge submitted to the Texas Department of Transportation for concurrence to be accompanied by supporting documentation and calculations reviewed and sealed by a licensed engineer before the commissioners court may establish the load limit (Sec. 621.301). The substitute removes the provision in the original that specified that a warrant was not required for a weight enforcement officer to inspect and copy a weight record (Sec. 621.410). The substitute removes the requirement that the holder of a permit for excess axle or gross weight notify the office of the county judge or the office of sheriff 24 hours prior to the operation of a vehicle on a bridge when the vehicle exceeds the bridge load limit (Sec. 623.0113). The substitute provides that the sheriff or deputy sheriff of a county of 2.2 million or more is eligible to apply for certification to enforce commercial motor vehicle safety standards, and requires that a peace officer who does not attend certain courses not enforce traffic and highway laws (Sec. 644.101). C.S.S.B. 220 requires the comptroller to deposit to the credit of the Texas Department of Transportation fines in excess of the limits set forth in the bill that were collected for weight limit violations (Sec. 644.102). The substitute modifies the effective date so that the provisions regarding a failure to maintain a weight record take effect on October 1, 2001.