85R11409 JRR-F     By: Perry S.B. No. 1383       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 621.102(d), Transportation Code, is   amended to read as follows:          (d)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.401 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the executive director of the Texas Department of   Transportation has set a maximum weight under this section.          SECTION 2.  Section 621.301(e), Transportation Code, is   amended to read as follows:          (e)  A vehicle operating under a permit issued under Section   623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192,   623.212, [or] 623.321, or 623.401 [as added by Chapter 1135 (H.B.   2741), Acts of the 83rd Legislature, Regular Session, 2013,] may   operate under the conditions authorized by the permit over a road   for which the commissioners court has set a maximum weight under   this section.          SECTION 3.  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 4.  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 that authorizes the operation   of a vehicle combination used to transport fluid milk:                 (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 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 vehicle for which it is   issued.          (e)  A vehicle issued a permit under this subchapter may   operate on a federal interstate highway or a state, county, or   municipal road, including a load-zoned county road or a frontage   road adjacent to a federal interstate highway, if the vehicle   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.          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 vehicle.  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 vehicle when:                      (A)  the permit for operation of the vehicle   expires;                      (B)  a lease of the vehicle expires; or                      (C)  the vehicle 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.  ROUTE RESTRICTIONS. (a) Except as provided   by Subsection (b), a permit issued under this subchapter does not   authorize the operation of a vehicle combination on a bridge for   which a maximum weight and load limit has been established and   posted under Section 621.102 or 621.301, if the gross weight of the   vehicle combination and load or the axles and wheel loads are   greater than the limits established and posted under those   sections.          (b)  The restrictions under Subsection (a) do not apply if a   bridge described by that subsection provides the only public   vehicular access from an origin or to a destination by a holder of a   permit issued under this subchapter.          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. No other permit under this   chapter may be used to transport fluid milk, provided that a vehicle   combination operating under a permit issued under this subchapter   may be operated in accordance with a permit issued under Subchapter   K, L, M, O, P, S, or T.          SECTION 5.  This Act takes effect January 1, 2018.