By:  Duncan                                           S.B. No. 1371
         99S0778/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the criminal penalties for violating certain vehicle
 1-2     weight limitations.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (b) and (g), Section 621.506,
 1-5     Transportation Code, are amended to read as follows:
 1-6           (b)  An offense under this section is a misdemeanor
 1-7     punishable:
 1-8                 (1)  by a fine of not less than $200 [$100] and not
 1-9     more than $300 [$150];
1-10                 (2)  on conviction of an offense involving a vehicle
1-11     having a gross weight that is more than 5,000 but not more than
1-12     10,000 pounds heavier than the vehicle's allowable gross weight, by
1-13     a fine of not less than $600 [$300] or more than $1,000 [$500];
1-14                 (3)  on conviction of an offense involving a vehicle
1-15     having a gross weight that is more than 10,000 pounds heavier than
1-16     the vehicle's allowable gross weight, by a fine of not less than
1-17     $1,000 [$500] or more than $1,500 [$1,000]; or
1-18                 (4)  on conviction before the first anniversary of the
1-19     date of a previous conviction under this section, by a fine in an
1-20     amount that is twice the amount specified by Subdivision (1), (2),
1-21     or (3).
1-22           (g)  A governmental entity that collects a fine under this
1-23     section for an offense involving a vehicle having a gross weight
1-24     that is more than 5,000 pounds heavier than the vehicle's allowable
 2-1     gross weight shall send an amount equal to 50 percent of the fine
 2-2     to the comptroller unless the offense occurred within 20 miles of
 2-3     an international border, in which event the entire amount of the
 2-4     fine shall be deposited in:
 2-5                 (1)  the municipal treasury, if the fine was imposed by
 2-6     a municipal court; or
 2-7                 (2)  the county treasury, if the fine was imposed by a
 2-8     justice court.
 2-9           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-10           (b)  Subsections (b) and (g), Section 621.506, Transportation
2-11     Code, as amended by this Act, apply only to an offense committed on
2-12     or after the effective date of this Act.  For the purposes of this
2-13     section, an offense is committed before the effective date of this
2-14     Act if any element of the offense occurs before that date.
2-15           (c)  An offense committed before the effective date of this
2-16     Act is covered by the law in effect when the offense was committed,
2-17     and the former law is continued in effect for that purpose.
2-18           SECTION 3.  The importance of this legislation and the
2-19     crowded condition of the calendars in both houses create an
2-20     emergency and an imperative public necessity that the
2-21     constitutional rule requiring bills to be read on three several
2-22     days in each house be suspended, and this rule is hereby suspended.