bill letting overweight truck permits run 10 percent over

The text as introduced · 482 words

By: Kerwin
H.B. No. 5332

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of excess axle or gross weight permits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 623.011, Transportation Code, is

amended by amending Subsection (a) to read as follows:

(a) The department may issue a permit that authorizes the

operation of a commercial motor vehicle, trailer, semitrailer, or

combination of those vehicles, or a truck-tractor or combination of

a truck-tractor and one or more other vehicles:

(1) at an axle weight that is not heavier than the

weight equal to the maximum allowable axle weight for the vehicle or

combination plus a tolerance allowance of 10 percent of that

allowable weight; and

(2) at a gross weight that is not heavier than the

weight equal to the maximum allowable gross weight for the vehicle

or combination plus a tolerance allowance of five percent .

(b) To qualify for a permit under this section:

(1) the vehicle must be registered under Chapter 502

for the maximum gross weight applicable to the vehicle under

Section 621.101, not to exceed 80,000 pounds;

(2) the security requirement of Section 623.012 must

be satisfied; and

(3) a base permit fee of $90, any additional fee

required by Section 623.0111, and any additional fee set by the

board under Section 623.0112 must be paid.

(c) A permit issued under this section:

(1) is valid for one year; and

(2) must be carried in the vehicle for which it is

issued.

(d) When the department issues a permit under this section,

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.

(e) 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.

(f) A person commits an offense if the person fails to

display the sticker in the manner required by Subsection (d). An

offense under this subsection is a Class C misdemeanor. Section

623.019(g) applies to an offense under this subsection.

(g) A vehicle operating under a permit issued under this

section may exceed the maximum allowable gross weight tolerance

allowance by not more than five percent, regardless of the weight of

any one axle or tandem axle, if no axle or tandem axle exceeds the

tolerance permitted by Subsection (a).

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.