BILL ANALYSIS C.S.S.B. 697 By: Luna State Affairs 3-10-95 Committee Report (Substituted) BACKGROUND Currently, the penalty for exceeding the maximum gross weight of commercial motor vehicles is a fine of $100-$150. Second and subsequent offenses also impose a fine and/or imprisonment in a county jail for no more than 60 days. With the current backlog, it is extremely difficult getting prosecutors to prosecute a "traffic case." By deleting the jail time requirement, the justice courts will have full jurisdiction over these cases and will able to impose the higher fines for repeat offenders. PURPOSE As proposed, C.S.S.B. 697 deletes the authority of the Department of Public Safety to imprison a person in the county jail as punishment for the operation of certain overweight vehicles; amends the provisions of the penalties for an offense under this section. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Chapter 71, Acts of the 47th Legislature, Regular Session, 1941, to delete the authority of the Department of Public Safety to imprison a person in the county jail as punishment for the operation of certain overweight vehicles. Increases the ceiling of a fine under this section to $1,000, rather than $150. Deletes the provision of separate penalties for second and subsequent offenses under this section. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.