By Luna S.B. No. 697
74R4477 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the operation of certain overweight
1-3 vehicles.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(a), Chapter 71, Acts of the 47th
1-6 Legislature, Regular Session, 1941, is amended to read as 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 Hundred Fifty
1-14 Dollars ($150); for a second conviction within one year thereafter
1-15 such person, corporation, receiver, or association shall be
1-16 punished by a fine of not less than One Hundred Fifty Dollars
1-17 ($150) nor more than Two Hundred Fifty Dollars ($250) <or
1-18 imprisonment in the county jail for not more than sixty (60) days
1-19 or by both such fine and imprisonment>; upon a third or subsequent
1-20 conviction within one year after the second conviction such person,
1-21 corporation, receiver, or association shall be punished by a fine
1-22 of not less than Two Hundred Dollars ($200) nor more than Five
1-23 Hundred Dollars ($500) <or by imprisonment in the county jail for
1-24 not more than six (6) months, or by both such fine and
2-1 imprisonment>. It shall be the duty of the judge of the court to
2-2 report forthwith to the Department of Public Safety any convictions
2-3 obtained in his court under this Section and it shall be the duty
2-4 of the Department of Public Safety to keep a record thereof.
2-5 SECTION 2. (a) The change in law made by this Act applies
2-6 only to an offense committed on or after the effective date of this
2-7 Act. For purposes of this section, an offense is committed before
2-8 the effective date of this Act if any element of the offense occurs
2-9 before that date.
2-10 (b) An offense committed before the effective date of this
2-11 Act is governed by the law in effect when the offense was
2-12 committed, and the former law is continued in effect for that
2-13 purpose.
2-14 SECTION 3. This Act takes effect September 1, 1995.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.