Bill Text: TX HB2620 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the movement of oversize or overweight vehicles, including the enforcement of motor vehicle size and weight limitations; creating a criminal offense.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2620 Detail]
Download: Texas-2019-HB2620-Enrolled.html
H.B. No. 2620 |
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relating to the movement of oversize or overweight vehicles, | ||
including the enforcement of motor vehicle size and weight | ||
limitations; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 541.001, Transportation Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "Escort flagger" has the meaning assigned by | ||
Section 623.008. | ||
(1-a) "Operator" means, as used in reference to a | ||
vehicle, a person who drives or has physical control of a vehicle. | ||
SECTION 2. Section 542.501, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS, [ |
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wilfully fail or refuse to comply with a lawful order or direction | ||
of: | ||
(1) a police officer; [ |
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(2) a school crossing guard who: | ||
(A) is performing crossing guard duties in a | ||
school crosswalk to stop and yield to a pedestrian; or | ||
(B) has been trained under Section 600.004 and is | ||
directing traffic in a school crossing zone; or | ||
(3) an escort flagger who is directing or controlling | ||
the flow of traffic in accordance with a permit issued by the Texas | ||
Department of Motor Vehicles under Subtitle E for the movement of an | ||
oversize or overweight vehicle. | ||
SECTION 3. Section 544.004(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The operator of a vehicle or streetcar shall comply with | ||
an applicable official traffic-control device placed as provided by | ||
this subtitle unless the person is: | ||
(1) otherwise directed by a traffic officer, [ |
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police officer, or escort flagger; or | ||
(2) operating an authorized emergency vehicle and is | ||
subject to exceptions under this subtitle. | ||
SECTION 4. The heading to Section 621.503, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR | ||
WEIGHT LIMITATION. | ||
SECTION 5. Sections 621.503(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person may not load, or cause to be loaded, a vehicle | ||
for operation on a public highway of this state that exceeds the | ||
height, width, length, or weight limitations for operation of that | ||
vehicle provided by this subtitle [ |
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(b) Intent to violate a weight limitation is presumed if the | ||
weight of the loaded vehicle is heavier than the applicable axle or | ||
gross weight limit by 15 percent or more. | ||
SECTION 6. Subchapter G, Chapter 621, Transportation Code, | ||
is amended by adding Section 621.511 to read as follows: | ||
Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person | ||
commits an offense if: | ||
(1) the person operates or moves on a public highway a | ||
vehicle that is issued a permit under this subtitle; and | ||
(2) the person operating or moving the vehicle is not | ||
the person named on the permit for the vehicle or an employee of | ||
that person. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
(c) It is an exception to the application of this section | ||
that: | ||
(1) the vehicle being operated or moved is a | ||
combination of a tow truck and a disabled, abandoned, or | ||
accident-damaged vehicle or vehicle combination; and | ||
(2) the tow truck is towing the other vehicle or | ||
vehicle combination directly to the nearest terminal, vehicle | ||
storage facility, or authorized place of repair. | ||
SECTION 7. Subchapter A, Chapter 623, Transportation Code, | ||
is amended by adding Sections 623.004, 623.005, 623.006, 623.007, | ||
and 623.008 to read as follows: | ||
Sec. 623.004. DENIAL OF PERMIT. (a) The department may | ||
deny an application for a permit under this subtitle submitted by an | ||
applicant who: | ||
(1) is the subject of an out-of-service order issued | ||
by the Federal Motor Carrier Safety Administration; or | ||
(2) the Department of Public Safety has determined | ||
has: | ||
(A) an unsatisfactory safety rating under 49 | ||
C.F.R. Part 385; or | ||
(B) multiple violations of Chapter 644, a rule | ||
adopted under that chapter, or Subtitle C. | ||
(b) A denial of an application for a permit under this | ||
section is not required to be preceded by notice and an opportunity | ||
for hearing. | ||
(c) An applicant may appeal a denial under this section by | ||
filing an appeal with the department not later than the 26th day | ||
after the date the department issues notice of the denial to the | ||
applicant. | ||
Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT | ||
OF MOTOR VEHICLES FUND. (a) This section applies only to a permit | ||
authorized by the legislature on or after September 1, 2019. | ||
(b) Ten percent of the fee collected for a permit issued by | ||
the department under this subtitle shall be deposited to the credit | ||
of the Texas Department of Motor Vehicles fund with the remaining | ||
fee distribution to be adjusted proportionately, if needed. | ||
(c) Subsection (b) does not apply if a provision of this | ||
subtitle expressly requires a different amount of a fee collected | ||
to be deposited to the credit of the Texas Department of Motor | ||
Vehicles fund. | ||
Sec. 623.006. DISPOSITION AND USE OF PERMIT FEES DUE TO | ||
COUNTY OR MUNICIPALITY. Except as otherwise specified by this | ||
subtitle: | ||
(1) at least once each fiscal year, the comptroller | ||
shall send from fees collected for a permit issued by the department | ||
under this chapter any amounts due to a county or municipality; | ||
(2) amounts due to a county must be sent to the county | ||
treasurer or office performing the function of that office for | ||
deposit to the credit of the county road and bridge fund; and | ||
(3) amounts due to a municipality must be sent to the | ||
office performing the function of treasurer for the municipality | ||
and may be used by the municipality only to fund commercial motor | ||
vehicle enforcement programs or road and bridge maintenance or | ||
infrastructure projects. | ||
Sec. 623.007. PERMIT TO BE CARRIED IN VEHICLE. A permit | ||
issued by the department under this subtitle must be carried, in a | ||
manner prescribed by the department, in the vehicle that is being | ||
operated under the permit. | ||
Sec. 623.008. AUTHORITY TO REQUIRE ESCORT FLAG VEHICLES AND | ||
ESCORT FLAGGERS. (a) In this section: | ||
(1) "Escort flag vehicle" means a vehicle that | ||
precedes or follows an oversize or overweight vehicle operating | ||
under a permit issued by the department for the purpose of | ||
facilitating the safe movement of the oversize or overweight | ||
vehicle over roads. | ||
(2) "Escort flagger" means a person who: | ||
(A) has successfully completed a training | ||
program in traffic direction as defined by the basic peace officer | ||
course curriculum established by the Texas Commission on Law | ||
Enforcement; and | ||
(B) in accordance with a permit issued by the | ||
department under this subtitle, operates an escort flag vehicle or | ||
directs and controls the flow of traffic using a hand signaling | ||
device or an automated flagger assistance device. | ||
(b) In addition to any other specific requirement under this | ||
subtitle, the department may require a person operating under a | ||
permit issued by the department under this subtitle to use one or | ||
more escort flag vehicles and escort flaggers if required: | ||
(1) by the Texas Department of Transportation; or | ||
(2) for the safe movement over roads of an oversize or | ||
overweight vehicle and its load. | ||
SECTION 8. Section 623.099, Transportation Code, is amended | ||
by adding Subsection (g) to read as follows: | ||
(g) A county or municipality may not require the use of an | ||
escort flag vehicle or any other kind of escort for the movement of | ||
a manufactured house under a permit issued under this subchapter | ||
that is in addition to the escort flag vehicle requirements of this | ||
section. | ||
SECTION 9. The heading to Section 623.272, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE | ||
CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. | ||
SECTION 10. Section 623.272(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may investigate and impose an | ||
administrative penalty on a shipper who: | ||
(1) does not provide a shipper's certificate of weight | ||
required under Section 623.274(b); or | ||
(2) provides false information on a shipper's | ||
certificate of weight that the shipper delivers to a person | ||
transporting a shipment. | ||
SECTION 11. Section 623.274, Transportation Code, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) On the written request of the person transporting the | ||
shipment, a [ |
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shipper must: | ||
(1) certify that the information contained on the | ||
certificate of weight [ |
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(2) deliver the certificate of weight to the person | ||
transporting the shipment [ |
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(c) A person transporting a shipment must provide the | ||
department with a copy of the certificate of weight before the | ||
issuance of an overweight permit under this chapter if the combined | ||
weight of the vehicle or vehicles and load is more than 200,000 | ||
pounds. | ||
SECTION 12. Section 623.321(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department may issue a permit under this subchapter, | ||
as an alternative to a permit issued under Section 623.011, | ||
authorizing a person to operate a vehicle or combination of | ||
vehicles that is being used to transport unrefined timber, wood | ||
chips, or woody biomass or equipment used to load timber on a | ||
vehicle in a county identified as a timber producing county in the | ||
most recent edition of the Texas A&M Forest Service's Harvest | ||
Trends Report as of May 15, 2013, at the weight limits prescribed by | ||
Subsection (b). | ||
SECTION 13. Section 623.323(f), Transportation Code, is | ||
amended to read as follows: | ||
(f) This section does not apply to a vehicle or combination | ||
of vehicles that are being used to transport unrefined timber, wood | ||
chips, or woody biomass or equipment used to load timber on a | ||
vehicle from: | ||
(1) a storage yard to the place of first processing; or | ||
(2) outside this state to a place of first processing | ||
in this state. | ||
SECTION 14. The following provisions of the Transportation | ||
Code are repealed: | ||
(1) Sections 623.0171(m), 623.081, and 623.324(b); | ||
(2) Section 623.403(c), as added by Chapter 750 (S.B. | ||
1383), Acts of the 85th Legislature, Regular Session, 2017; and | ||
(3) Sections 623.404(b) and (c), as added by Chapter | ||
108 (S.B. 1524), Acts of the 85th Legislature, Regular Session, | ||
2017. | ||
SECTION 15. Section 621.511, Transportation Code, as added | ||
by this Act, applies only to a vehicle that is issued a permit under | ||
Subtitle E, Title 7, Transportation Code, on or after the effective | ||
date of this Act. | ||
SECTION 16. (a) The changes in law made by this Act apply | ||
only to an offense or violation committed on or after the effective | ||
date of this Act. An offense or violation committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense or violation was committed before the | ||
effective date of this Act if any element of the offense or | ||
violation occurred before that date. | ||
(b) The change in law made by this Act relating to an | ||
application filed under Chapter 623, Transportation Code, applies | ||
only to an application filed under that chapter on or after the | ||
effective date of this Act. An application filed before that date | ||
is governed by the law in effect on the date the application was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 17. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 18. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2620 was passed by the House on May 9, | ||
2019, by the following vote: Yeas 131, Nays 13, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2620 on May 24, 2019, by the following vote: Yeas 100, Nays 38, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2620 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |