This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 1383
 
 
 
 
AN ACT
  relating to the operation of vehicles transporting fluid milk;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 621.508, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), it [It] is an
  affirmative defense to prosecution of, or an action under
  Subchapter F for, the offense of operating a vehicle with a single
  axle weight or tandem axle weight heavier than the axle weight
  authorized by law that at the time of the offense the vehicle:
               (1)  had a single axle weight or tandem axle weight that
  was not heavier than the axle weight authorized by law plus 12
  percent;
               (2)  was loaded with timber, pulp wood, wood chips, or
  cotton, livestock, or other agricultural products that are:
                     (A)  in their natural state; and
                     (B)  being transported from the place of
  production to the place of first marketing or first processing; and
               (3)  was not being operated on a portion of the national
  system of interstate and defense highways.
         (a-1)  The affirmative defense provided by Subsection (a)
  does not apply to the excess weights authorized under Section
  623.401(b).
         SECTION 2.  Chapter 623, Transportation Code, is amended by
  adding Subchapter U to read as follows:
  SUBCHAPTER U. VEHICLES TRANSPORTING FLUID MILK
         Sec. 623.401.  PERMIT FOR VEHICLES TRANSPORTING FLUID MILK.
  (a)  The department may issue a permit authorizing the movement of
  fluid milk 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:
               (1)  at a gross weight that is not heavier than 90,000
  pounds; and
               (2)  with axle weights that comply with the
  requirements of Section 621.101(a), except as authorized by
  Subsection (b).
         (b)  A vehicle combination operating under a permit issued
  under Subsection (a) may exceed the axle weights listed in Section
  621.101(a) for the following axle groups if the overall distance
  between the first axle of the truck-tractor and the first axle of
  the first consecutive set of tandem axles is 15 feet or more, the
  overall distance between the first and last axles of two
  consecutive sets of tandem axles is 36 feet or more, the distance
  between each individual axle in each axle group, measured from the
  center of the axle, is between 48 inches and 54 inches, and:
               (1)  a two-axle group does not exceed 36,500 pounds;
  and
               (2)  a three-axle group does not exceed 42,500 pounds.
         (c)  To qualify for a permit under this subchapter, a permit
  fee of $1,200 must be paid.
         (d)  A permit issued under this subchapter:
               (1)  is valid for one year; and
               (2)  must be carried in the truck-tractor for which it
  is issued.
         Sec. 623.402.  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 for vehicles.
         (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 vehicle
  combination expires;
                     (B)  a lease of the truck-tractor expires; or
                     (C)  the truck-tractor is sold.
         Sec. 623.403.  COUNTY DESIGNATION; DISTRIBUTION OF FEE.
  (a)  An applicant for a permit under this subchapter must designate
  in the permit application the counties in which the applicant
  intends to operate.  A permit issued under this subchapter is not
  valid in a county that is not designated in the permit application.
         (b)  Of the fee collected under this subchapter for a permit:
               (1)  75 percent of the amount collected shall be
  deposited to the credit of the state highway fund;
               (2)  15 percent of the amount collected shall be
  divided equally among and distributed to the counties designated in
  the permit application; and
               (3)  10 percent of the amount collected shall be
  deposited to the credit of the Texas Department of Motor Vehicles
  fund.
         (c)  At least once each fiscal year, the comptroller shall
  send the amount due each county under Subsection (b) to the county
  treasurer or officer performing the function of that office for
  deposit to the credit of the county road and bridge fund.
         Sec. 623.404.  PERMIT CONDITIONS.  (a)  Except as provided
  by Subsections (b) and (c), a vehicle combination operating under a
  permit under this subchapter may operate on a federal interstate
  highway or a state, county, or municipal road, including a frontage
  road adjacent to a federal interstate highway, if the truck-tractor
  displays a sticker required by Section 623.402 and the vehicle
  combination does not exceed the maximum axle or gross weight
  applicable to the combination under the terms of the permit.
         (b)  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.
         (c)  A permit issued under this subchapter does not authorize
  the operation of a truck-tractor and semitrailer combination on a
  county road or bridge for which a maximum weight and load limit has
  been established and posted under Section 621.301.
         Sec. 623.405.  CERTAIN COUNTY OR MUNICIPAL ACTIONS
  PROHIBITED.  Unless otherwise provided by state or federal law, a
  county or municipality may not require a permit, fee, or license for
  the operation of a vehicle combination described by Section
  623.401(a) or (b) in addition to a permit, fee, or license required
  by state law.
         Sec. 623.406.  EXCLUSIVE PERMIT. A permit issued under this
  subchapter is the only permit issued by the department under this
  chapter that may be used to transport fluid milk.
         Sec. 623.407.  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 3.  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 623.401.
         SECTION 4.  This Act takes effect January 1, 2018.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1383 passed the Senate on
  April 11, 2017, by the following vote: Yeas 28, Nays 3; and that
  the Senate concurred in House amendment on May 26, 2017, by the
  following vote: Yeas 28, Nays 3.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1383 passed the House, with
  amendment, on May 22, 2017, by the following vote: Yeas 137,
  Nays 8, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor