By Campbell                                           H.B. No. 2684
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to load and weight limits on highways and roads; providing
    1-3  civil penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 1A, Title 116, Revised Statutes, is
    1-6  amended by adding Article 6701d-26 to read as follows:
    1-7        Art. 6701d-26.  ADMINISTRATIVE PENALTIES FOR OVERWEIGHT
    1-8  VEHICLES
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Flagrant violator" means a person who operates a
   1-11  vehicle or combination of vehicles on a state or county highway or
   1-12  road with a weight of at least 25 percent greater than the maximum
   1-13  legal load or gross weight for the vehicle or combination of
   1-14  vehicles.
   1-15              (2)  "Habitual violator" means a person who has been
   1-16  convicted of or who has paid assessments under this article for 10
   1-17  or more violations per truck licensed and operating for load or
   1-18  weight limitations occurring on state or county highways or roads
   1-19  within the 12 months immediately preceding the date of an alleged
   1-20  subsequent violation of a load or weight limitation.
   1-21              (3)  "Load or weight limitation" includes, for a person
   1-22  operating under a permit issued under Section 5B, Chapter 42,
   1-23  General Laws, Acts of the 41st Legislature, 2nd Called Session,
    2-1  1929 (Article 6701d-11, Vernon's Texas Civil Statutes), the
    2-2  tolerance allowed under the permit.
    2-3              (4)  "Person" has the meaning assigned by Section 1,
    2-4  Chapter 42, General Laws, Acts of the 41st Legislature, 2nd Called
    2-5  Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes).
    2-6        Sec. 2.  APPLICATION OF ARTICLE.  (a)  This article applies
    2-7  to all load or weight violations on a state or county highway or
    2-8  road, including violations of:
    2-9              (1)  Chapter 42, General Laws, Acts of the 41st
   2-10  Legislature, 2nd Called Session, 1929 (Article 6701d-11, Vernon's
   2-11  Texas Civil Statutes);
   2-12              (2)  Chapter 293, Acts of the 53rd Legislature, Regular
   2-13  Session, 1953 (Article 6701d-12, Vernon's Texas Civil Statutes);
   2-14              (3)  Chapter 608, Acts of the 65th Legislature, Regular
   2-15  Session, 1977 (Article 6701d-12a, Vernon's Texas Civil Statutes);
   2-16              (4)  Chapter 966, Acts of the 68th Legislature, Regular
   2-17  Session, 1983 (Article 6701d-19a, Vernon's Texas Civil Statutes);
   2-18  and
   2-19              (5)  any other statute prescribing a load or weight
   2-20  limitation applicable to a road or highway.
   2-21        (b)  A person who makes as a condition of doing business a
   2-22  violation of a load or weight limitation subject to this article is
   2-23  liable to the state for a civil assessment equal to that paid by
   2-24  the registered owner or operator of the motor vehicle.
   2-25        Sec. 3.  SUBJECT TO CIVIL ASSESSMENT.  A person who is a
    3-1  flagrant violator or who at the time of a load or weight violation
    3-2  involved is a habitual violator of load or weight limitations is
    3-3  liable to the state for a civil assessment not to exceed $10,000.
    3-4  The attorney general shall make the assessment based on all the
    3-5  factors involved in the violation including the number of previous
    3-6  violations the offender has committed, the amount in excess of
    3-7  weight or load limits, the ability of the offender to make payment,
    3-8  and the cargo being transported.  The assessment provided in this
    3-9  article shall be in addition to all other fines, penalties, and
   3-10  damages for which the person may be liable.
   3-11        Sec. 4.  CITATION.  (a)  A person who weighs a vehicle under
   3-12  Section 6, Chapter 42, General Laws, Acts of the 41st Legislature,
   3-13  2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
   3-14  Statutes), and has probable cause to believe that a load or weight
   3-15  violation has occurred shall issue a citation to the operator
   3-16  concerning:
   3-17              (1)  the date, time, location, and nature of the
   3-18  violation;
   3-19              (2)  the name and address of the registered owner and
   3-20  the operator of the motor vehicle, the lessee, if any, of the motor
   3-21  vehicle, the license plate number of the vehicle, and the
   3-22  operator's license number; and
   3-23              (3)  the amount by which the motor vehicle is alleged
   3-24  to have exceeded the weight or load limits.
   3-25        (b)  Not later than the 20th day after the date of the
    4-1  violation, the officer shall deliver to the attorney general a
    4-2  sworn copy of the citation.
    4-3        (c)  After determining whether the violation is subject to
    4-4  civil penalties and the amount of a civil assessment, the attorney
    4-5  general shall send by certified mail, return receipt requested, to
    4-6  the person who is the registered owner of each vehicle for which an
    4-7  assessment is due and, if the vehicle is leased, to the lessee of
    4-8  the vehicle, notice of the amount of the assessment.  The notice
    4-9  must state that:
   4-10              (1)  payment of the assessment is due not later than
   4-11  the 20th day after the date notice is received, with payment made
   4-12  to the state through the attorney general; and
   4-13              (2)  if the assessment is not paid in the required
   4-14  period the attorney general will institute a suit to collect the
   4-15  assessment.
   4-16        (d)  Venue for a suit brought by the attorney general to
   4-17  collect a civil assessment imposed under this article is in the
   4-18  county in which the defendant resides, or the county in which the
   4-19  defendant's principal place of business is located.
   4-20        Sec. 5.  CONTEST OF ASSESSMENT.  (a)  A person who is given
   4-21  notice of an assessment provided for by this article may, not later
   4-22  than the 20th day after receiving notice of the assessment, contest
   4-23  the validity of the assessment by filing an original proceeding in
   4-24  a court of competent jurisdiction.  A proceeding under this section
   4-25  is a trial de novo.  The filing of a proceeding under this
    5-1  subsection abates the assessment in question until a final judgment
    5-2  is entered in the proceeding.
    5-3        (b)  Venue for a suit brought by a person to contest the
    5-4  validity of an assessment is in the county in which the person
    5-5  resides or has the person's principal place of business.
    5-6        Sec. 6.  NOTICE AS EVIDENCE OF ASSESSMENT.  The notice sent
    5-7  by the attorney general under Section 5 of this article, showing
    5-8  the amount of the assessment, constitutes a certification of the
    5-9  amount owed and prima facie evidence of liability for and the
   5-10  amount of the assessment.
   5-11        Sec. 7.  DISTRIBUTION OF FUNDS.  All civil assessments
   5-12  collected under this article shall be sent to the comptroller of
   5-13  public accounts monthly in a manner and form prescribed by the
   5-14  comptroller.  The comptroller shall:
   5-15              (1)  deposit 10% of the monthly total in a special
   5-16  account in the general revenue fund that may be appropriated only
   5-17  to the attorney general for payment of expenses incurred in the
   5-18  administration of this article; and
   5-19              (2)  remit the remaining 90% of the monthly total to
   5-20  the counties which have been designated by the permit applicants as
   5-21  set forth in Section 5B(e) of this Act during the year the final
   5-22  violation resulting in a civil assessment occurred, with such
   5-23  amount to be distributed among such counties based on the ratio of
   5-24  the total number of miles of county roads maintained by all such
   5-25  counties.  The comptroller shall remit the sums due each county
    6-1  under this subsection to the county treasurer or officer performing
    6-2  the function of that office of the county on a monthly basis.  The
    6-3  county treasurer or officer shall deposit such amounts in the
    6-4  county depository of his county to the credit of the County Road
    6-5  and Bridge Fund.
    6-6        SECTION 2.  The civil penalties provided by Article 6701d-26,
    6-7  Revised Statutes, as added by this Act, apply only to a load or
    6-8  weight violation on a state or county highway or road that occurs
    6-9  on or after the effective date of this Act.  A load or weight
   6-10  violation that occurred before the effective date of this Act is
   6-11  governed by the law as it existed at the time the violation
   6-12  occurred, and the former law is continued in effect that purpose.
   6-13        SECTION 3.  The importance of this legislation and the
   6-14  crowded condition of the calendars in both houses create an
   6-15  emergency and an imperative public necessity that the
   6-16  constitutional rule requiring bills to be read on three several
   6-17  days in each house be suspended, and this rule is hereby suspended.