By: Nixon S.B. No. 1707
97S0370/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the fines for violations of axle weight limitations for
1-2 certain vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 621.506, Transportation Code, is amended
1-5 to conform to Section 8, Chapter 624, Acts of the 74th Legislature,
1-6 1995, and further amended to read as follows:
1-7 Sec. 621.506. OFFENSE OF OPERATING OR LOADING OVERWEIGHT
1-8 VEHICLE; PENALTY; DEFENSE. (a) A person commits an offense if the
1-9 person:
1-10 (1) operates a vehicle or combination of vehicles in
1-11 violation of Section 621.101; [or]
1-12 (2) loads a vehicle or causes a vehicle to be loaded
1-13 in violation of Section 621.503; or
1-14 (3) unloads a vehicle that has been operated or loaded
1-15 in violation of Subdivision (1) or (2) and that has a gross weight
1-16 that is more than 5,000 pounds heavier than the vehicle's allowable
1-17 gross weight.
1-18 (b) An offense under this section is a misdemeanor
1-19 punishable:
1-20 (1) by a fine of not less than $100 or [and not] more
1-21 than $150;
1-22 (2) on conviction of an offense involving a vehicle
1-23 having a gross weight that is more than 5,000 but not more than
2-1 10,000 pounds heavier than the vehicle's allowable gross weight, by
2-2 a fine of not less than $300 or more than $500;
2-3 (3) on conviction of an offense involving a vehicle
2-4 having a gross weight that is more than 10,000 but not more than
2-5 15,000 pounds heavier than the vehicle's allowable gross weight, by
2-6 a fine of not less than $500 or more than $1,000;
2-7 (4) on conviction of an offense involving a vehicle
2-8 having a gross weight that is more than 15,000 pounds heavier than
2-9 the vehicle's allowable gross weight, by a fine of not less than
2-10 $1,500 and not more than $2,000; or
2-11 (5) on conviction of an offense punishable under
2-12 Subdivision (2), (3), or (4) before the first anniversary of the
2-13 date of a previous conviction under this section, by a fine in an
2-14 amount that is twice the amount specified by Subdivision (2), (3),
2-15 or (4) [before the first anniversary of the date of a previous
2-16 conviction under this section, by a fine of not less than $150 or
2-17 more than $250, by confinement in a county jail for not more than
2-18 60 days, or by both the fine and confinement; or]
2-19 [(3) on conviction before the first anniversary of the
2-20 date of a previous conviction under this section that was
2-21 punishable under Subdivision (2) or this subdivision, by a fine of
2-22 not less than $200 or more than $500, by confinement in the county
2-23 jail for not more than six months, or by both the fine and
2-24 confinement].
2-25 (c) On conviction of a violation of an axle load limitation,
3-1 the court may assess a fine less than the applicable minimum amount
3-2 prescribed by Subsection (b) if the court finds that when the
3-3 violation occurred:
3-4 (1) the vehicle was registered to carry the maximum
3-5 gross weight authorized for that vehicle under Section 621.101; and
3-6 (2) the gross weight of the vehicle did not exceed
3-7 that maximum gross weight.
3-8 (d) A judge or justice shall promptly report to the
3-9 Department of Public Safety each conviction obtained in the judge's
3-10 or the justice's court under this section. The Department of
3-11 Public Safety shall keep a record of each conviction reported to it
3-12 under this subsection.
3-13 (e) If a corporation fails to pay the fine assessed on
3-14 conviction of an offense under this section, the district or county
3-15 attorney in the county in which the conviction occurs may file suit
3-16 against the corporation to collect the fine.
3-17 (f) A justice court has jurisdiction of an offense under
3-18 this section. A municipal court has jurisdiction of an offense
3-19 under this section for which the fine does not exceed $500.
3-20 (g) The comptroller shall remit 50 percent of all proceeds
3-21 collected by the state under this section for violations on county
3-22 roads to the counties of the state, with such amount to be
3-23 distributed among the various counties based on the ratio of the
3-24 total number of miles of county roads maintained by a county to the
3-25 total number of miles of county roads maintained by all of the
4-1 counties of the state. The comptroller shall remit the sums due
4-2 each county under this subsection to the county treasurer of the
4-3 county, or the officer performing the function of that office, at
4-4 least twice in each fiscal year. The county treasurer or officer
4-5 shall deposit such amounts in the county depository of the county
4-6 to the credit of the county road and bridge fund.
4-7 SECTION 2. (a) In addition to the substantive changes made
4-8 by this Act, this Act conforms Section 621.506, Transportation
4-9 Code, to Section 8, Chapter 624, Acts of the 74th Legislature,
4-10 1995.
4-11 (b) Section 8, Chapter 624, Acts of the 74th Legislature,
4-12 1995, and Section 5, Chapter 71, Acts of the 47th Legislature,
4-13 Regular Session, 1941, are repealed.
4-14 (c) To the extent of any conflict, this Act prevails over
4-15 another Act of the 75th Legislature, Regular Session, 1997,
4-16 relating to nonsubstantive additions to and corrections in enacted
4-17 codes.
4-18 SECTION 3. This Act takes effect September 1, 1997.
4-19 SECTION 4. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended.