S.B. No. 1524
 
 
 
 
AN ACT
  relating to the movement of certain vehicles, including vehicles
  transporting an intermodal shipping container; authorizing a fee;
  creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 550.062, Transportation Code, is amended
  by adding Subsection (b-1) to read as follows:
         (b-1)  If the motor vehicle accident involved a combination
  of vehicles operating under a permit issued under Section 623.402,
  the report required by Subsection (a) must include the weight and
  the number of axles of the vehicle combination.
         SECTION 2.  Section 621.303, Transportation Code, is amended
  to read as follows:
         Sec. 621.303.  MUNICIPAL REGULATION OF LOADS AND EQUIPMENT.  
  (a)  The governing body of any municipality may regulate the
  movement and operation on a public road, other than a state highway
  in the territory of the municipality, of:
               (1)  an overweight, oversize, or overlength commodity
  that cannot reasonably be dismantled; and
               (2)  superheavy or oversize equipment for the
  transportation of an overweight, oversize, or overlength commodity
  that cannot be reasonably dismantled.
         (b)  The governing body of a municipality may not, because of
  weight, regulate the movement and operation on a state highway or
  county or municipal road of a combination of vehicles operating
  under a permit issued under Section 623.402.
         SECTION 3.  Chapter 623, Transportation Code, is amended by
  adding Subchapter U to read as follows:
  SUBCHAPTER U. INTERMODAL SHIPPING CONTAINERS
         Sec. 623.401.  DEFINITION. In this subchapter, "intermodal
  shipping container" means an enclosed, standardized, reusable
  container that:
               (1)  is used to pack, ship, move, or transport cargo;
               (2)  is designed to be carried on a semitrailer and
  loaded onto or unloaded from:
                     (A)  a ship or vessel for international
  transportation; or
                     (B)  a rail system for international
  transportation; and
               (3)  when combined with vehicles transporting the
  container, has a gross weight or axle weight that exceeds the limits
  allowed by law to be transported over a state highway or county or
  municipal road.
         Sec. 623.402.  ISSUANCE OF PERMIT. (a)  The department may
  issue an annual permit authorizing the movement of a sealed
  intermodal shipping container moving in international
  transportation by a truck-tractor and semitrailer combination that
  has six total axles and is equipped with a roll stability support
  safety system and truck blind spot systems only if:
               (1)  the gross weight of the combination does not
  exceed 93,000 pounds;
               (2)  the distance between the front axle of the
  truck-tractor and the last axle of the semitrailer, measured
  longitudinally, is approximately 647 inches;
               (3)  the truck-tractor is configured as follows:
                     (A)  one single axle that does not exceed 13,000
  pounds;
                     (B)  one two-axle group that does not exceed
  37,000 pounds, in which no axle in the group exceeds 18,500 pounds;
  and
                     (C)  the distance between the individual axles on
  the two-axle group of the truck-tractor, measured longitudinally,
  is not less than 51 inches and not more than 52 inches; and
               (4)  the semitrailer is configured as follows:
                     (A)  one three-axle group that does not exceed
  49,195 pounds, in which no axle in the group exceeds 16,400 pounds;
  and
                     (B)  the distance between the individual axles in
  the three-axle group of the semitrailer, measured longitudinally,
  is 60 inches.
         (b)  The department may issue an annual permit authorizing
  the movement of a sealed intermodal shipping container moving in
  international transportation by a truck-tractor and semitrailer
  combination that has seven total axles and is equipped with a roll
  stability support safety system and truck blind spot systems only
  if:
               (1)  the gross weight of the combination does not
  exceed 100,000 pounds;
               (2)  the distance between the front axle of the
  truck-tractor and the last axle of the semitrailer, measured
  longitudinally, is approximately 612 inches;
               (3)  the truck-tractor is configured as follows:
                     (A)  one single axle that does not exceed 15,000
  pounds;
                     (B)  one three-axle group that does not exceed
  44,500 pounds, in which no axle in the group exceeds 14,900 pounds;
  and
                     (C)  the distance between the individual axles on
  the three-axle group of the truck-tractor, measured
  longitudinally, is not less than 51 inches and not more than 52
  inches; and
               (4)  the semitrailer is configured as follows:
                     (A)  one three-axle group that does not exceed
  46,200 pounds, in which no axle in the group exceeds 15,400 pounds;
  and
                     (B)  the distance between the individual axles in
  the three-axle group of the semitrailer, measured longitudinally,
  is 60 inches.
         (c)  For purposes of Subsections (a) and (b), the gross
  weight, group weights, and axle weights listed in those subsections
  include all enforcement tolerances.
         Sec. 623.403.  COUNTY AND MUNICIPALITY DESIGNATION. (a)  An
  applicant for a permit under this subchapter must designate each
  county and municipality in which the permit will be used.
         (b)  A permit issued under this subchapter is not valid in a
  county or municipality that is not designated in the permit
  application.
         Sec. 623.404.  PERMIT FEE. (a)  An application for a permit
  under Section 623.402(a) or (b) must be accompanied by a permit fee
  of $6,000, of which:
               (1)  50 percent shall be deposited to the credit of the
  state highway fund;
               (2)  30 percent shall be equally divided among and
  distributed to each county designated in the permit application;
               (3)  16 percent shall be equally divided among and
  distributed to each municipality designated in the permit
  application; and
               (4)  4 percent shall be deposited to the credit of the
  Texas Department of Motor Vehicles fund.
         (b)  At least once each fiscal year, the comptroller shall
  send the amount due each county under Subsection (a) to the county
  treasurer or office performing the function of that office for
  deposit to the credit of the county road and bridge fund.
         (c)  At least once each fiscal year, the comptroller shall
  send the amount due each municipality under Subsection (a) to the
  office performing the function of treasurer for the municipality.
  A municipality may use funds received under this subsection only to
  fund commercial motor vehicle enforcement programs or road or
  bridge maintenance or infrastructure projects.
         (d)  Notwithstanding Subsection (a), the amount of a fee
  under Subsection (a) to accompany a permit application that is
  received on or after January 1, 2028, must be determined by the
  department after consultation with The University of Texas Center
  for Transportation Research and the Texas A&M Transportation
  Institute.
         Sec. 623.405.  ROUTE RESTRICTIONS. (a)  A permit issued
  under this subchapter does not authorize the operation of a
  truck-tractor and semitrailer combination on:
               (1)  the national system of interstate and defense
  highways; or
               (2)  load-restricted roads or bridges, including a road
  or bridge for which a maximum weight and load limit has been
  established and posted by the Texas Department of Transportation
  under Section 621.102 or the commissioners court of a county under
  Section 621.301.
         (b)  Subject to Section 623.406, a permit issued under this
  subchapter authorizes the operation of a truck-tractor and
  semitrailer combination only on highways and roads approved by the
  Texas Department of Transportation.
         Sec. 623.406.  PERMIT CONDITIONS. (a)  In this section:
               (1)  "Port authority" means a port authority or
  navigation district created or operating under Section 52, Article
  III, or Section 59, Article XVI, Texas Constitution.
               (2)  "Port of entry" has the meaning assigned by
  Section 621.001.
         (b)  The transportation of a sealed intermodal shipping
  container under a permit issued under this subchapter:
               (1)  must begin or end at a port authority or port of
  entry that is located in a county contiguous to the Gulf of Mexico
  or a bay or inlet opening into the gulf; and
               (2)  may not exceed 30 miles from the port authority or
  port of entry and must be on a highway or road described by Section
  623.405(b).
         (c)  In addition to the requirements of Subsection (b), the
  intermodal shipping container must be continuously sealed from the
  point of origin to the point of destination with a seal that is
  required by:
               (1)  the United States Customs and Border Protection;
               (2)  the United States Food and Drug Administration; or
               (3)  federal law or regulation.
         (d)  A permit issued under this subchapter does not authorize
  the transportation of a material designated as of January 1, 2017,
  as a hazardous material by the United States secretary of
  transportation under 49 U.S.C. Section 5103(a).
         (e)  A permit issued under this subchapter does not authorize
  the transportation of a sealed intermodal shipping container in a
  county that borders New Mexico and the United Mexican States.
         Sec. 623.407.  PERMIT STICKER. (a)  When the department
  issues a permit under this subchapter, the department shall issue a
  sticker to be placed on the front windshield of the truck-tractor.
  The department shall design the form of the sticker to aid in the
  enforcement of weight limits.
         (b)  The sticker must:
               (1)  indicate the expiration date of the permit; and
               (2)  be removed from the truck-tractor when:
                     (A)  the permit for operation of the truck-tractor
  expires;
                     (B)  a lease of the truck-tractor expires; or
                     (C)  the truck-tractor is sold.
         Sec. 623.408.  PERMIT AND WEIGHT RECORD DOCUMENTS. (a)  A
  permit issued under this subchapter must be carried in the
  truck-tractor for which the permit is issued.
         (b)  A copy of the weight record in the form prescribed by the
  department must contain the information required by Section
  621.410(c) and must be:
               (1)  carried in the truck-tractor if the truck-tractor
  is:
                     (A)  on a public highway or road; and
                     (B)  transporting an intermodal shipping
  container that contains cargo; and
               (2)  presented, on request, to an officer authorized to
  enforce this subtitle, regardless of whether a weight record is
  required under Section 621.410.
         Sec. 623.409.  OFFENSE. (a)  A person commits an offense if
  the person fails to:
               (1)  display the sticker described by Section
  623.407(a) in the manner required by that section;
               (2)  carry a permit issued under this subchapter as
  required by Section 623.408(a); or
               (3)  carry or present a weight record as required by
  Section 623.408(b).
         (b)  An offense under this section is a Class C misdemeanor.
         Sec. 623.410.  STUDY. Beginning in 2022, not later than
  September 1 of each even-numbered year, the Texas Department of
  Transportation shall conduct a study concerning vehicles operating
  under a permit issued under this subchapter and publish the results
  of the study. In conducting the study, the Texas Department of
  Transportation shall collect and examine the following
  information:
               (1)  the weight and configuration of vehicles operating
  under a permit issued under this subchapter that are involved in a
  motor vehicle accident;
               (2)  the types of vehicles operating under a permit
  issued under this subchapter;
               (3)  traffic volumes and variations of vehicles
  operating under a permit issued under this subchapter;
               (4)  weigh-in-motion data for highways and roads
  located in and around the area described by Section 623.405(b);
               (5)  impacts to state and local bridges, including
  long-term bridge performance, for bridges located in and around the
  area described by Section 623.405(b); and
               (6)  impacts to state and local roads, including
  changes in pavement design standards, construction specification
  details, maintenance frequency and types, and properties of
  pavement and underlying soils resulting from or necessitated by
  vehicles operating under a permit issued under this subchapter. 
         Sec. 623.411.  RULES. (a)  The department shall adopt rules
  necessary to implement this subchapter, including rules governing
  the application for a permit under this subchapter.
         (b)  The Department of Public Safety shall adopt rules
  requiring additional safety and driver training for permits issued
  under this subchapter.
         SECTION 4.  Section 623.003(b), Transportation Code, is
  amended to read as follows:
         (b)  The Texas Department of Transportation shall provide
  the department with all routing information necessary to complete a
  permit issued under Section 623.071, 623.121, 623.142, [or]
  623.192, or 623.402.
         SECTION 5.  Section 623.018(d), Transportation Code, is
  amended to read as follows:
         (d)  If a vehicle is being operated in compliance with [has]
  a permit issued under Section 623.011 or 623.402, a commissioners
  court may not:
               (1)  issue a permit under this section or charge an
  additional fee for or otherwise regulate or restrict the operation
  of the vehicle because of weight; or
               (2)  require the owner or operator to:
                     (A)  execute or comply with a road use agreement
  or indemnity agreement;
                     (B)  [, to] make a filing or application; or
                     (C)  [, or to] provide a bond or letter of credit,
  other than the bond or letter of credit prescribed by Section
  623.012 for a vehicle issued a permit under Section 623.011.
         SECTION 6.  Section 623.019(f), Transportation Code, is
  amended to read as follows:
         (f)  A justice or municipal court [of the peace] has
  jurisdiction of an [any] offense under this section. [A municipal
  court has jurisdiction of an offense under this section in which the
  fine does not exceed $500.]
         SECTION 7.  Subchapter D, Chapter 623, Transportation Code,
  is amended by adding Section 623.070 to read as follows:
         Sec. 623.070.  NONAPPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to the transportation of an intermodal
  shipping container as defined by Section 623.401, regardless of
  whether the container is sealed or unsealed.
         SECTION 8.  This Act takes effect January 1, 2018.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1524 passed the Senate on
  April 10, 2017, by the following vote: Yeas 26, Nays 5; and that
  the Senate concurred in House amendments on May 16, 2017, by the
  following vote: Yeas 25, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1524 passed the House, with
  amendments, on May 11, 2017, by the following vote: Yeas 83,
  Nays 51, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor