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.