85R10247 JRR-D By: Hughes S.B. No. 1939 A BILL TO BE ENTITLED AN ACT relating to the movement of vehicles transporting sealed ocean cargo shipping containers; authorizing a fee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 623, Transportation Code, is amended by adding Section 623.0172 to read as follows: Sec. 623.0172. SEALED OCEAN CARGO SHIPPING CONTAINERS. (a) In this section, "sealed ocean cargo 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 trailer or semitrailer and loaded onto a vessel for ocean-borne transportation; and (3) when combined with vehicles transporting the container, has a gross weight that exceeds the limits allowed by this subtitle. (b) Except as provided by Subsection (g), the department shall issue an annual permit for the movement of a sealed ocean cargo shipping container moving in overseas international commerce on a trailer or semitrailer with three axles if the combination of vehicles transporting the container has: (1) a single axle weight of not more than 20,000 pounds; (2) a tandem axle weight of not more than 34,000 pounds; (3) a tri-axle weight of not more than 51,000 pounds; and (4) a gross weight of not more than 97,000 pounds. (c) The department shall restrict vehicles operating under a permit issued under this section to routes that are on highways in the state highway system and are not more than five miles from any border between this state and another state. (d) An applicant for a permit under this section must designate each Texas Department of Transportation district in which the permit will be used. (e) The department shall set the amount of the fee for a permit issued under this section in an amount not to exceed $2,000, of which: (1) 90 percent shall be deposited to the credit of the state highway fund; and (2) 10 percent shall be deposited to the credit of the Texas Department of Motor Vehicles fund. (f) A fee deposited under Subsection (e)(1) may only be used for transportation projects in the Texas Department of Transportation district designated in the permit application for which the fee was assessed. (g) The department may not issue a permit under this section if the department determines that the operation of a vehicle under a permit authorized by this section would result in the loss of federal highway funding. SECTION 2. This Act takes effect September 1, 2017.