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.