SRC-JXG S.B. 1108 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1108
76R6148 DRH-DBy: Shapleigh
Border Affairs - Special
4/7/1999
As Filed


DIGEST 

Currently, Texas law requires half of the fees  from overweight vehicle
fines imposed and collected by county courts-at-law, justices of the peace,
and municipal courts to be remitted to the state comptroller and deposited
in the general revenue fund. The Department of Public Safety and local
police officers in certain cities are responsible for enforcing truck
weight limitations and issuing citations to operators of overweight
vehicles. According to the Texas Department of Transportation officials,
one 80,000-pound legal loaded truck causes road damage equivalent to 9,600
cars. The overweight truck problem is particularly acute on highways,
bridges, and city streets along the Texas-Mexico border, which handles 85
percent of all U.S.-Mexico truck traffic. S.B. 1108 would authorize local
governments to collect overweight vehicle fines and to keep all the
proceeds from those fines, if the offense occurred within 20 miles of an
international border. 

PURPOSE

As proposed, S.B. 1108 authorizes local governments to collect overweight
vehicle fines, and to keep all the proceeds from those fines, if the
offense occurred within 20 miles of an international border. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 621.506(g), Transportation Code, to require a
governmental entity that collects a fine for vehicles having a gross weight
more than 5,000 pounds heavier than the vehicle's allowable gross weight to
send an amount equal to 50 percent of the fine to the comptroller, unless
the offense occurred within 20 miles of an international border, in which
event the entire amount of the fine shall be deposited in the municipal
treasury, if the fine was imposed by a municipal court; or the county
treasury, if the fine was imposed by a justice court. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.