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.