By Swinford H.B. No. 1548
74R5249 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fines for overweight vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5(a), Chapter 71, Acts of the 47th
1-5 Legislature, Regular Session, 1941, is amended to read as follows:
1-6 (a) Except as provided by Subsection (c), any person,
1-7 corporation, receiver or association who violates any provision of
1-8 Section 5, Chapter 42, General Laws, Acts of the 41st Legislature,
1-9 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
1-10 Statutes), (the Section fixing the gross weight of commercial motor
1-11 vehicles) shall, upon conviction, be punished by a fine of not less
1-12 than $100 or more than $150, except that if the offense involves a
1-13 vehicle having a gross weight that is more than 5,000 pounds and
1-14 not more than 10,000 pounds over the vehicle's allowable gross
1-15 weight, the fine is not less than $300 or more than $400, and if
1-16 the offense involves a vehicle having a gross weight that is more
1-17 than 10,000 pounds over the vehicle's allowable gross weight, the
1-18 fine is not less than $400 or more than $500. The fines provided
1-19 for an offense subject to this subsection are doubled if the
1-20 offense occurs before the first anniversary of a conviction of a
1-21 previous offense subject to this subsection. The governmental
1-22 entity collecting a fine under this subsection for an offense
1-23 involving a vehicle having a gross weight that is more than 5,000
1-24 pounds over the vehicle's allowable gross weight shall forward to
2-1 the Department of Public Safety an amount equal to 50 percent of
2-2 the fine. The amount forwarded to the department may be used only
2-3 to enforce laws relating to allowable size or weight of vehicles.
2-4 <One Hundred Dollars ($100), nor more than One Hundred Fifty
2-5 Dollars ($150); for a second conviction within one year thereafter
2-6 such person, corporation, receiver, or association shall be
2-7 punished by a fine of not less than One Hundred Fifty Dollars
2-8 ($150) nor more than Two Hundred Fifty Dollars ($250) or
2-9 imprisonment in the county jail for not more than sixty (60) days
2-10 or by both such fine and imprisonment; upon a third or subsequent
2-11 conviction within one year after the second conviction such person,
2-12 corporation, receiver, or association shall be punished by a fine
2-13 of not less than Two Hundred Dollars ($200) nor more than Five
2-14 Hundred Dollars ($500) or by imprisonment in the county jail for
2-15 not more than six (6) months, or by both such fine and
2-16 imprisonment.> It shall be the duty of the judge of the court to
2-17 report forthwith to the Department of Public Safety any convictions
2-18 obtained in his court under this Section and it shall be the duty
2-19 of the Department of Public Safety to keep a record thereof.
2-20 SECTION 2. (a) The change in law made by this Act applies
2-21 only to an offense committed on or after the effective date of this
2-22 Act. For purposes of this section, an offense is committed before
2-23 the effective date of this Act if any element of the offense occurs
2-24 before that date.
2-25 (b) An offense committed before the effective date of this
2-26 Act is covered by the law in effect when the offense was committed,
2-27 and the former law is continued in effect for that purpose.
3-1 SECTION 3. This Act takes effect September 1, 1995.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.