By: Hughes  S.B. No. 1939          (In the Senate - Filed March 10, 2017; March 27, 2017, read   first time and referred to Committee on Transportation;   May 18, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 0; May 18, 2017,   sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR S.B. No. 1939 By:  Hall     A BILL TO BE ENTITLED   AN ACT     relating to permits for the movement of intermodal 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.  PERMIT FOR INTERMODAL SHIPPING CONTAINER.   (a)  In this section, "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.          (b)  The department shall issue an annual permit for the   international transportation of an intermodal shipping container   moving 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 13,000   pounds;                      (B)  one two-axle group that does not exceed   37,000 pounds, in which no axle in the group exceeds 18,500 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.          (c)  The department shall restrict vehicles operating under   a permit issued under this section to routes that are:                (1)  located in a county with a population of more than   90,000;                (2)  on highways in the state highway system; and                (3)  not more than five miles from the border between   this state and Arkansas.          (d)  An intermodal shipping container being moved under a   permit issued under this section 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.          (e)  A permit issued under this section does not authorize   the operation of a vehicle combination described by Subsection (b)   on:                (1)  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                (2)  routes for which the Texas Department of   Transportation has not authorized the operation of a vehicle   combination described by Subsection (b).          (f)  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).          (g)  An applicant for a permit under this section must   designate each Texas Department of Transportation district in which   the permit will be used.          (h)  The department shall initially set the fee for a permit   issued under this section in an amount not to exceed $2,000.   Beginning in 2022, on September 1 of each even-numbered year the   department shall set the fee for a permit issued under this section   in an amount based on a reasonable estimate of the costs associated   with the operation of vehicles issued a permit under this section   over routes described by Subsection (c), including any increase in   the costs necessary to maintain or repair those highways. The   estimate shall be based on the results of the study conducted under   Subsection (l).          (i)  Of the fee collected under this section for a permit:                (1)  90 percent shall be deposited to the credit of the   state highway fund;                (2)  5 percent shall be deposited to the credit of the   Texas Department of Motor Vehicles fund; and                (3)  5 percent shall be deposited to the appropriate   county road and bridge fund.          (j)  A fee deposited under Subsection (i)(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.          (k)  The department may suspend a permit issued under this   section if the department receives notice from the Federal Highway   Administration that the operation of a vehicle under a permit   authorized by this section would result in the loss of federal   highway funding.          (l)  Beginning in 2022, not later than September 1 of each   even-numbered year, the Texas Department of Transportation shall   conduct a study concerning vehicles operating under a permit issued   under this section and publish the results of the study. In   conducting the study, the Texas Department of Transportation shall   collect and examine the following information:                (1)  the weight and configuration of vehicles operating   under a permit under this section that are involved in a motor   vehicle accident;                (2)  the types of vehicles operating under a permit   issued under this section;                (3)  traffic volumes and variations of vehicles   operating under a permit issued under this section;                (4)  weigh-in-motion data for highways located in and   around the area described by Subsection (c);                (5)  impacts to state and local bridges, including   long-term bridge performance, for bridges located in and around the   area described by Subsection (c); and                (6)  impacts to state and local roads, including   changes in pavement design standards, construction specification   details, maintenance frequency and types, and properties of   pavement and underlying soils resulting from or necessitated by   vehicles operating under a permit issued under this section.          SECTION 2.  This Act takes effect September 1, 2017.     * * * * *