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                               * * * * *