By: Nichols, Bettencourt S.B. No. 1524     A BILL TO BE ENTITLED   AN ACT   relating to the movement of certain 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 15,000   pounds;                      (B)  one two-axle group that does not exceed   36,250 pounds, in which no axle in the group exceeds 18,200 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 $5,000, of which:                (1)  60 percent shall be deposited to the credit of the   state highway fund;                (2)  35 percent shall be equally divided among and   distributed to each county designated in the permit application;   and                (3)  5 percent shall be equally divided among and   distributed to each municipality designated in the permit   application.          (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.          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,   "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 of entry that is   located:                      (A)  in a county contiguous to the Gulf of Mexico   or a bay or inlet opening into the gulf; or                      (B)  between this state and the United Mexican   States; and                (2)  may not exceed 30 miles from the 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.  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.  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 7.  This Act takes effect January 1, 2018.