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.