HBA-CMT S.B. 889 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 889
By: Ogden
Transportation
4/19/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, operators of trucks that carry overweight loads must
purchase what is known as a 2060 permit to operate the vehicle on a state
or county road or bridge.  To purchase that permit, truck operators must
execute a surety bond of $15,000.  While concrete, solid waste, and
recyclable material haulers are exempt from the 2060 permit requirement,
they are still required to execute the bond.  When an overweight truck is
stopped by a Department of Public Safety officer, the officer knows the
truck operator is in compliance with the bond requirement if the operator
has a 2060 permit.  However, if a concrete, solid waste, or recycling truck
is stopped, the trooper must verify that its operator is complying with the
bond requirement by contacting the Texas Department of Transportation.
This results in extra work for the officer and delays for the truck
operator.  Senate Bill 889 requires drivers of concrete, solid waste, and
recycling trucks to carry proof of issuance of a surety bond, and provides
penalties if a copy of the bond is not carried or presented by the driver.  

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. 

ANALYSIS

Senate Bill 889 amends the Transportation Code to require drivers of
vehicles with a tandem axle load heavier than 34,000 pounds used
exclusively to transport solid waste, ready-mixed concrete, or recyclable
materials to carry a copy of the surety bond for the vehicle when on a
public highway, and to present the copy of the bond to an authorized
enforcement officer upon request.  A person commits a misdemeanor
punishable by a fine not to exceed $200 if the person fails to carry or
present the copy of the surety bond filed with the Department of
Transportation. 

The bill specifies that a single vehicle used exclusively to transport
recyclable materials may be operated on a public highway only if the tandem
axle load is not heavier than 44,000 pounds, a single axle load is not
heavier than 21,000 pounds, and the gross load is not heavier than 64,000
pounds.   

EFFECTIVE DATE

September 1, 2001.