85R23194 JRR-D     By: VanDeaver H.B. No. 3460     Substitute the following for H.B. No. 3460:     By:  White C.S.H.B. No. 3460       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 or unloaded from:                      (A)  a 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 this subtitle.          (b)  Except as provided by Subsection (k), the department   shall issue an annual permit for the movement of a sealed ocean   cargo shipping container moving in international commerce on a   trailer or semitrailer with three axles if the combination of   vehicles transporting the container is equipped with a roll   stability support safety system and truck blind spot systems and   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 95,000 pounds.          (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)  A sealed ocean cargo 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)  85 percent shall be deposited to the credit of the   state highway fund;                (2)  10 percent shall be deposited to the credit of the   Texas Department of Motor Vehicles fund; and                (3)  5 percent shall be deposited to the general   revenue 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.  A fee deposited under Subsection (i)(3)   may only be used to offset the cost of the study conducted under   Subsection (l).          (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.