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AN ACT
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relating to the authority to set maximum weights for state |
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highways, roads, and bridges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.102, Transportation Code, is amended |
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to read as follows: |
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Sec. 621.102. [COMMISSION'S] AUTHORITY TO SET MAXIMUM |
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WEIGHTS. (a) The director [commission] may set the maximum single |
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axle weight, tandem axle weight, or gross weight of a vehicle, or |
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maximum single axle weight, tandem axle weight, or gross weight of a |
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combination of vehicles and loads, that may be moved over a state |
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highway or a farm or ranch road if the director [commission] finds |
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that heavier maximum weight would rapidly deteriorate or destroy |
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the road or a bridge or culvert along the road. A maximum weight set |
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under this subsection may not exceed the maximum set by statute for |
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that weight. |
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(b) [The commission must set a maximum weight under this
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section by order entered in its minutes.
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[(c)] The director [commission] must make the finding under |
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this section on an engineering and traffic investigation and in |
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making the finding shall consider the width, condition, and type of |
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pavement structures and other circumstances on the road. |
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(c) [(d)] A maximum weight or load set under this section |
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becomes effective on a highway or road when appropriate signs |
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giving notice of the maximum weight or load are erected on the |
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highway or road [under order of the commission]. |
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(d) [(e)] A vehicle operating under a permit issued under |
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Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, |
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623.192, or 623.212 may operate under the conditions authorized by |
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the permit over a road for which the director [commission] has set a |
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maximum weight under this section. |
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(e) [(f)] For the purpose of this section, a farm or ranch |
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road is a state highway that is shown in the records of the |
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commission to be a farm-to-market or ranch-to-market road. |
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(f) [(g)] This section does not apply to a vehicle |
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delivering groceries, farm products, or liquefied petroleum gas. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3309 was passed by the House on May 3, |
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2011, by the following vote: Yeas 140, Nays 4, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3309 was passed by the Senate on May |
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24, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |