85R6674 JRR-F By: Phillips H.B. No. 3255 A BILL TO BE ENTITLED AN ACT relating to motor vehicle size and weight limitations, including the enforcement of those limitations; creating a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 621.503, Transportation Code, is amended to read as follows: Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR WEIGHT LIMITATION. SECTION 2. Sections 621.503(a) and (b), Transportation Code, are amended to read as follows: (a) A person may not load, or cause to be loaded, a vehicle for operation on a public highway of this state that exceeds the height, width, length, or weight limitations for operation of that vehicle provided by this subtitle [Section 621.101]. (b) Intent to violate a weight limitation is presumed if the weight of the loaded vehicle is heavier than the applicable axle or gross weight limit by 15 percent or more. SECTION 3. Subchapter G, Chapter 621, Transportation Code, is amended by adding Section 621.511 to read as follows: Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person commits an offense if: (1) the person operates or moves on a public highway a vehicle that is issued a permit under this subtitle; and (2) the person operating or moving the vehicle is not the person named on the permit for the vehicle. (b) An offense under this section is a Class C misdemeanor. SECTION 4. Subchapter A, Chapter 623, Transportation Code, is amended by adding Sections 623.004 and 623.005 to read as follows: Sec. 623.004. DENIAL OF PERMIT: OUT-OF-SERVICE MOTOR CARRIER. (a) The department may deny an application for a permit under this subtitle submitted by an applicant who is the subject of an out-of-service order issued by the Federal Motor Carrier Safety Administration. (b) A denial of an application for a permit under this section is not required to be preceded by notice and an opportunity for hearing. (c) An applicant may appeal a denial under this section by filing an appeal with the department not later than the 26th day after the date the department issues notice of the denial to the applicant. Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. (a) This section applies only to a permit authorized by the legislature on or after September 1, 2017. (b) Ten percent of the fee collected for a permit issued by the department under this subtitle shall be deposited to the credit of the Texas Department of Motor Vehicles fund with the remaining fee distribution to be adjusted proportionately, if needed. (c) Subsection (b) does not apply if a provision of this subtitle expressly requires a different amount of a fee collected to be deposited to the credit of the Texas Department of Motor Vehicles fund. SECTION 5. The heading to Section 623.272, Transportation Code, is amended to read as follows: Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. SECTION 6. Section 623.272(a), Transportation Code, is amended to read as follows: (a) The department may investigate and impose an administrative penalty on a shipper who: (1) does not provide a shipper's certificate of weight required under Section 623.274(b); or (2) provides false information on a shipper's certificate of weight that the shipper delivers to a person transporting a shipment. SECTION 7. Section 623.274, Transportation Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) On the written request of the person transporting the shipment, a [For a shipper's certificate of weight to be valid, the] shipper must: (1) certify that the information contained on the certificate of weight [form] is accurate; and (2) deliver the certificate of weight to the person transporting the shipment [motor carrier or other person transporting the shipment before the motor carrier or other person applies for an overweight permit under this chapter]. (c) A person transporting a shipment must provide the department with a copy of the certificate of weight before the issuance of an overweight permit under this chapter if the combined weight of the vehicle or vehicles and load is more than 200,000 pounds. SECTION 8. (a) The changes in law made by this Act apply only to an offense or violation committed on or after the effective date of this Act. An offense or violation committed before the effective date of this Act is governed by the law in effect on the date the offense or violation was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense or violation was committed before the effective date of this Act if any element of the offense or violation occurred before that date. (b) The change in law made by this Act relating to an application filed under Chapter 623, Transportation Code, applies only to an application filed under that chapter on or after the effective date of this Act. An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose. SECTION 9. This Act takes effect September 1, 2017.