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.