85R26579 JRR-F     By: Perry S.B. No. 1383     (King of Hemphill)     Substitute the following for S.B. No. 1383:  No.       A BILL TO BE ENTITLED   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.