By: Luna S.B. No. 697
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the punishment for the operation of certain overweight
1-2 vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 5, Chapter 71, Acts of
1-5 the 47th Legislature, Regular Session, 1941, is amended to read as
1-6 follows:
1-7 (a) Except as provided by Subsection (c), any person,
1-8 corporation, receiver or association who violates any provision of
1-9 Section 5, Chapter 42, General Laws, Acts of the 41st Legislature,
1-10 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
1-11 Statutes), (the Section fixing the gross weight of commercial motor
1-12 vehicles) shall, upon conviction, be punished by a fine of not less
1-13 than One Hundred Dollars ($100), nor more than One Thousand
1-14 <Hundred Fifty> Dollars ($1,000) in a justice of the peace court of
1-15 any county, nor more than Five Hundred Dollars ($500) in any
1-16 municipal court <($150); for a second conviction within one year
1-17 thereafter such person, corporation, receiver, or association shall
1-18 be punished by a fine of not less than One Hundred Fifty Dollars
1-19 ($150) nor more than Two Hundred Fifty Dollars ($250) or
1-20 imprisonment in the county jail for not more than sixty (60) days
1-21 or by both such fine and imprisonment; upon a third or subsequent
1-22 conviction within one year after the second conviction such person,
1-23 corporation, receiver, or association shall be punished by a fine
1-24 of not less than Two Hundred Dollars ($200) nor more than Five
2-1 Hundred Dollars ($500) or by imprisonment in the county jail for
2-2 not more than six (6) months, or by both such fine and
2-3 imprisonment>. It shall be the duty of the judge of the court to
2-4 report forthwith to the Department of Public Safety any convictions
2-5 obtained in his court under this Section and it shall be the duty
2-6 of the Department of Public Safety to keep a record thereof.
2-7 SECTION 2. (a) The change in law made by this Act applies
2-8 only to an offense committed on or after the effective date of this
2-9 Act. For purposes of this section, an offense is committed before
2-10 the effective date of this Act if any element of the offense occurs
2-11 before that date.
2-12 (b) An offense committed before the effective date of this
2-13 Act is governed by the law in effect when the offense was
2-14 committed, and the former law is continued in effect for that
2-15 purpose.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.