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A BILL TO BE ENTITLED
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AN ACT
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relating to the movement of certain vehicles transporting an |
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intermodal shipping container; authorizing a fee; creating an |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 550.062, Transportation Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) If the motor vehicle accident involved a combination |
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of vehicles operating under a permit issued under Section 623.402, |
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the report required by Subsection (a) must include the weight and |
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the number of axles of the vehicle combination. |
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SECTION 2. Section 621.303, Transportation Code, is amended |
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to read as follows: |
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Sec. 621.303. MUNICIPAL REGULATION OF LOADS AND EQUIPMENT. |
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(a) The governing body of any municipality may regulate the |
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movement and operation on a public road, other than a state highway |
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in the territory of the municipality, of: |
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(1) an overweight, oversize, or overlength commodity |
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that cannot reasonably be dismantled; and |
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(2) superheavy or oversize equipment for the |
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transportation of an overweight, oversize, or overlength commodity |
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that cannot be reasonably dismantled. |
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(b) The governing body of a municipality may not, because of |
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weight, regulate the movement and operation on a state highway or |
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county or municipal road of a combination of vehicles operating |
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under a permit issued under Section 623.402. |
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SECTION 3. Chapter 623, Transportation Code, is amended by |
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adding Subchapter U to read as follows: |
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SUBCHAPTER U. INTERMODAL SHIPPING CONTAINERS |
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Sec. 623.401. DEFINITION. In this subchapter, "intermodal |
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shipping container" means an enclosed, standardized, reusable |
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container that: |
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(1) is used to pack, ship, move, or transport cargo; |
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(2) is designed to be carried on a semitrailer and |
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loaded onto or unloaded from: |
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(A) a ship or vessel for international |
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transportation; or |
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(B) a rail system for international |
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transportation; and |
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(3) when combined with vehicles transporting the |
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container, has a gross weight or axle weight that exceeds the limits |
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allowed by law to be transported over a state highway or county or |
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municipal road. |
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Sec. 623.402. ISSUANCE OF PERMIT. (a) The department may |
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issue an annual permit authorizing the movement of a sealed |
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intermodal shipping container moving in international |
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transportation by a truck-tractor and semitrailer combination that |
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has six total axles and is equipped with a roll stability support |
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safety system and truck blind spot systems only if: |
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(1) the gross weight of the combination does not |
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exceed 93,000 pounds; |
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(2) the distance between the front axle of the |
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truck-tractor and the last axle of the semitrailer, measured |
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longitudinally, is approximately 647 inches; |
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(3) the truck-tractor is configured as follows: |
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(A) one single axle that does not exceed 15,000 |
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pounds; |
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(B) one two-axle group that does not exceed |
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36,250 pounds, in which no axle in the group exceeds 18,200 pounds; |
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and |
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(C) the distance between the individual axles on |
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the two-axle group of the truck-tractor, measured longitudinally, |
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is not less than 51 inches and not more than 52 inches; and |
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(4) the semitrailer is configured as follows: |
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(A) one three-axle group that does not exceed |
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49,195 pounds, in which no axle in the group exceeds 16,400 pounds; |
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and |
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(B) the distance between the individual axles in |
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the three-axle group of the semitrailer, measured longitudinally, |
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is 60 inches. |
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(b) The department may issue an annual permit authorizing |
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the movement of a sealed intermodal shipping container moving in |
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international transportation by a truck-tractor and semitrailer |
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combination that has seven total axles and is equipped with a roll |
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stability support safety system and truck blind spot systems only |
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if: |
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(1) the gross weight of the combination does not |
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exceed 100,000 pounds; |
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(2) the distance between the front axle of the |
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truck-tractor and the last axle of the semitrailer, measured |
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longitudinally, is approximately 612 inches; |
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(3) the truck-tractor is configured as follows: |
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(A) one single axle that does not exceed 15,000 |
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pounds; |
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(B) one three-axle group that does not exceed |
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44,500 pounds, in which no axle in the group exceeds 14,900 pounds; |
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and |
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(C) the distance between the individual axles on |
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the three-axle group of the truck-tractor, measured |
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longitudinally, is not less than 51 inches and not more than 52 |
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inches; and |
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(4) the semitrailer is configured as follows: |
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(A) one three-axle group that does not exceed |
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46,200 pounds, in which no axle in the group exceeds 15,400 pounds; |
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and |
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(B) the distance between the individual axles in |
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the three-axle group of the semitrailer, measured longitudinally, |
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is 60 inches. |
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(c) For purposes of Subsections (a) and (b), the gross |
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weight, group weights, and axle weights listed in those subsections |
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include all enforcement tolerances. |
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Sec. 623.403. COUNTY AND MUNICIPALITY DESIGNATION. (a) An |
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applicant for a permit under this subchapter must designate each |
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county and municipality in which the permit will be used. |
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(b) A permit issued under this subchapter is not valid in a |
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county or municipality that is not designated in the permit |
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application. |
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Sec. 623.404. PERMIT FEE. (a) An application for a permit |
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under Section 623.402(a) or (b) must be accompanied by a permit fee |
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of $5,000, of which: |
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(1) 60 percent shall be deposited to the credit of the |
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state highway fund; |
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(2) 35 percent shall be equally divided among and |
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distributed to each county designated in the permit application; |
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and |
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(3) 5 percent shall be equally divided among and |
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distributed to each municipality designated in the permit |
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application. |
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(b) At least once each fiscal year, the comptroller shall |
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send the amount due each county under Subsection (a) to the county |
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treasurer or office performing the function of that office for |
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deposit to the credit of the county road and bridge fund. |
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(c) At least once each fiscal year, the comptroller shall |
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send the amount due each municipality under Subsection (a) to the |
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office performing the function of treasurer for the municipality. |
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A municipality may use funds received under this subsection only to |
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fund commercial motor vehicle enforcement programs or road or |
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bridge maintenance or infrastructure projects. |
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Sec. 623.405. ROUTE RESTRICTIONS. (a) A permit issued |
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under this subchapter does not authorize the operation of a |
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truck-tractor and semitrailer combination on: |
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(1) the national system of interstate and defense |
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highways; or |
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(2) load-restricted roads or bridges, including a road |
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or bridge for which a maximum weight and load limit has been |
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established and posted by the Texas Department of Transportation |
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under Section 621.102 or the commissioners court of a county under |
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Section 621.301. |
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(b) Subject to Section 623.406, a permit issued under this |
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subchapter authorizes the operation of a truck-tractor and |
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semitrailer combination only on highways and roads approved by the |
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Texas Department of Transportation. |
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Sec. 623.406. PERMIT CONDITIONS. (a) In this section, |
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"port of entry" has the meaning assigned by Section 621.001. |
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(b) The transportation of a sealed intermodal shipping |
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container under a permit issued under this subchapter: |
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(1) must begin or end at a port of entry that is |
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located: |
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(A) in a county contiguous to the Gulf of Mexico |
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or a bay or inlet opening into the gulf; or |
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(B) between this state and the United Mexican |
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States; and |
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(2) may not exceed 30 miles from the port of entry and |
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must be on a highway or road described by Section 623.405(b). |
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(c) In addition to the requirements of Subsection (b), the |
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intermodal shipping container must be continuously sealed from the |
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point of origin to the point of destination with a seal that is |
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required by: |
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(1) the United States Customs and Border Protection; |
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(2) the United States Food and Drug Administration; or |
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(3) federal law or regulation. |
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(d) A permit issued under this subchapter does not authorize |
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the transportation of a material designated as of January 1, 2017, |
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as a hazardous material by the United States secretary of |
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transportation under 49 U.S.C. Section 5103(a). |
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(e) A permit issued under this subchapter does not authorize |
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the transportation of a sealed intermodal shipping container in a |
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county that borders New Mexico and the United Mexican States. |
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Sec. 623.407. PERMIT STICKER. (a) When the department |
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issues a permit under this subchapter, the department shall issue a |
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sticker to be placed on the front windshield of the truck-tractor. |
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The department shall design the form of the sticker to aid in the |
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enforcement of weight limits. |
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(b) The sticker must: |
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(1) indicate the expiration date of the permit; and |
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(2) be removed from the truck-tractor when: |
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(A) the permit for operation of the truck-tractor |
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expires; |
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(B) a lease of the truck-tractor expires; or |
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(C) the truck-tractor is sold. |
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Sec. 623.408. PERMIT AND WEIGHT RECORD DOCUMENTS. (a) A |
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permit issued under this subchapter must be carried in the |
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truck-tractor for which the permit is issued. |
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(b) A copy of the weight record in the form prescribed by the |
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department must contain the information required by Section |
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621.410(c) and must be: |
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(1) carried in the truck-tractor if the truck-tractor |
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is: |
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(A) on a public highway or road; and |
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(B) transporting an intermodal shipping |
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container that contains cargo; and |
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(2) presented, on request, to an officer authorized to |
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enforce this subtitle, regardless of whether a weight record is |
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required under Section 621.410. |
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Sec. 623.409. OFFENSE. (a) A person commits an offense if |
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the person fails to: |
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(1) display the sticker described by Section |
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623.407(a) in the manner required by that section; |
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(2) carry a permit issued under this subchapter as |
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required by Section 623.408(a); or |
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(3) carry or present a weight record as required by |
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Section 623.408(b). |
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(b) An offense under this section is a Class C misdemeanor. |
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Sec. 623.410. RULES. (a) The department shall adopt rules |
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necessary to implement this subchapter, including rules governing |
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the application for a permit under this subchapter. |
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(b) The Department of Public Safety shall adopt rules |
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requiring additional safety and driver training for permits issued |
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under this subchapter. |
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SECTION 4. Section 623.003(b), Transportation Code, is |
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amended to read as follows: |
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(b) The Texas Department of Transportation shall provide |
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the department with all routing information necessary to complete a |
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permit issued under Section 623.071, 623.121, 623.142, [or] |
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623.192, or 623.402. |
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SECTION 5. Section 623.018(d), Transportation Code, is |
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amended to read as follows: |
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(d) If a vehicle is being operated in compliance with [has] |
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a permit issued under Section 623.011 or 623.402, a commissioners |
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court may not: |
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(1) issue a permit under this section or charge an |
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additional fee for or otherwise regulate or restrict the operation |
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of the vehicle because of weight; or |
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(2) require the owner or operator to: |
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(A) execute or comply with a road use agreement |
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or indemnity agreement; |
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(B) [, to] make a filing or application; or |
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(C) [, or to] provide a bond or letter of credit, |
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other than the bond or letter of credit prescribed by Section |
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623.012 for a vehicle issued a permit under Section 623.011. |
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SECTION 6. Subchapter D, Chapter 623, Transportation Code, |
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is amended by adding Section 623.070 to read as follows: |
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Sec. 623.070. NONAPPLICABILITY OF SUBCHAPTER. This |
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subchapter does not apply to the transportation of an intermodal |
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shipping container as defined by Section 623.401, regardless of |
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whether the container is sealed or unsealed. |
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SECTION 7. This Act takes effect January 1, 2018. |