1-1 By: Luna S.B. No. 697
1-2 (In the Senate - Filed February 22, 1995; February 23, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 10, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 2; March 10, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 697 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the punishment for the operation of certain overweight
1-11 vehicles.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 5, Chapter 71, Acts of
1-14 the 47th Legislature, Regular Session, 1941, is amended to read as
1-15 follows:
1-16 (a) Except as provided by Subsection (c), any person,
1-17 corporation, receiver or association who violates any provision of
1-18 Section 5, Chapter 42, General Laws, Acts of the 41st Legislature,
1-19 2nd Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil
1-20 Statutes), (the Section fixing the gross weight of commercial motor
1-21 vehicles) shall, upon conviction, be punished by a fine of not less
1-22 than One Hundred Dollars ($100), nor more than One Thousand
1-23 <Hundred Fifty> Dollars ($1,000) in a justice of the peace court of
1-24 any county, nor more than Five Hundred Dollars ($500) in any
1-25 municipal court <($150); for a second conviction within one year
1-26 thereafter such person, corporation, receiver, or association shall
1-27 be punished by a fine of not less than One Hundred Fifty Dollars
1-28 ($150) nor more than Two Hundred Fifty Dollars ($250) or
1-29 imprisonment in the county jail for not more than sixty (60) days
1-30 or by both such fine and imprisonment; upon a third or subsequent
1-31 conviction within one year after the second conviction such person,
1-32 corporation, receiver, or association shall be punished by a fine
1-33 of not less than Two Hundred Dollars ($200) nor more than Five
1-34 Hundred Dollars ($500) or by imprisonment in the county jail for
1-35 not more than six (6) months, or by both such fine and
1-36 imprisonment>. It shall be the duty of the judge of the court to
1-37 report forthwith to the Department of Public Safety any convictions
1-38 obtained in his court under this Section and it shall be the duty
1-39 of the Department of Public Safety to keep a record thereof.
1-40 SECTION 2. (a) The change in law made by this Act applies
1-41 only to an offense committed on or after the effective date of this
1-42 Act. For purposes of this section, an offense is committed before
1-43 the effective date of this Act if any element of the offense occurs
1-44 before that date.
1-45 (b) An offense committed before the effective date of this
1-46 Act is governed by the law in effect when the offense was
1-47 committed, and the former law is continued in effect for that
1-48 purpose.
1-49 SECTION 3. This Act takes effect September 1, 1995.
1-50 SECTION 4. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *