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H.B. No. 749
AN ACT
relating to size and weight limitations for certain vehicles
transporting agricultural products and equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 504.505(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue specialty license plates for
a single motor vehicle that is:
(1) used only to transport chile pepper modules, seed
cotton [modules], cotton, cotton burrs, or equipment used in
transporting or processing chile peppers or cotton; and
(2) not more than 10 feet in width.
SECTION 2. Section 522.003, Transportation Code, is amended
by adding Subdivision (24-a) to read as follows:
(24-a) "Seed cotton module" means compacted seed
cotton in any form.
SECTION 3. Subchapter I, Chapter 622, Transportation Code,
is amended to read as follows:
SUBCHAPTER I. VEHICLES TRANSPORTING CERTAIN AGRICULTURAL PRODUCTS
[COTTON] OR [COTTON PROCESSING] EQUIPMENT
Sec. 622.101. VEHICLE TRANSPORTING CERTAIN AGRICULTURAL
PRODUCTS [COTTON] OR PROCESSING EQUIPMENT. (a) A single motor
vehicle used exclusively to transport chile pepper modules, seed
cotton [modules], cotton, cotton burrs, or equipment used to
transport or process chile pepper modules or cotton, including a
motor vehicle or burr spreader, may not be operated on a highway or
road if the vehicle is:
(1) wider than 10 feet and the highway has not been
designated by the commission under Section 621.202 [if the vehicle
is registered under Section 502.277];
(2) longer than 48 feet; or
(3) higher than 14 feet 6 inches.
(b) A motor vehicle that transports agricultural products
under this section must be registered under Section 504.505.
SECTION 4. Section 622.953, Transportation Code, is amended
to read as follows:
Sec. 622.953. VEHICLE TRANSPORTING SEED COTTON OR CHILE
PEPPER MODULES. (a) The weight limitations of Section 621.101 do
not apply to a single motor vehicle used exclusively to transport
chile pepper modules, seed cotton, or equipment, including a motor
vehicle, used to transport or process chile pepper modules or seed
cotton [modules].
(b) The overall gross weight of a single motor vehicle used
to transport seed cotton or equipment used to transport or process
seed cotton [to which this section applies] may not be heavier than
59,400 pounds.
(c) The overall gross weight of a single motor vehicle used
to transport chile pepper modules or equipment used to transport or
process chile pepper modules may not be heavier than 54,000 pounds.
(d) The owner of a single motor vehicle to which this
section applies that has a gross weight above the gross weight
authorized by this section that is applicable to the vehicle [of
more than 59,400 pounds] is liable to the state, county, or
municipality for any damage to a highway, street, road, or bridge
caused by the weight of the load.
(e) [(d)] A vehicle to which this section applies may not be
operated on the national system of interstate and defense highways
if the vehicle exceeds the maximum weight authorized by 23 U.S.C.
Section 127, as amended.
SECTION 5. Section 644.052(c), Transportation Code, is
amended to read as follows:
(c) A rule adopted under this chapter may not apply to a
vehicle that is operated intrastate and that is:
(1) a machine generally consisting of a mast, engine,
draw works, and chassis permanently constructed or assembled to be
used and used in oil or water well servicing or drilling;
(2) a mobile crane that is an unladen, self-propelled
vehicle constructed as a machine to raise, shift, or lower weight;
or
(3) a vehicle transporting [a] seed cotton [module].
SECTION 6. The changes in law made by this Act apply only to
an offense committed on or after September 1, 2005. An offense
committed before September 1, 2005, is covered by the law as it
existed immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 749 was passed by the House on March
31, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 749 on May 16, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 749 was passed by the Senate, with
amendments, on May 12, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor