By Ogden S.B. No. 887
77R3490 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalties for vehicle size and weight violations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 621.506(a), (b), and (g), Transportation
1-5 Code, are amended to read as follows:
1-6 (a) A person commits an offense if the person:
1-7 (1) operates a vehicle or combination of vehicles in
1-8 violation of Section 621.101, 622.012, 622.031, 622.133, or
1-9 623.162; or
1-10 (2) loads a vehicle or causes a vehicle to be loaded
1-11 in violation of Section 621.503.
1-12 (b) An offense under this section is a misdemeanor
1-13 punishable:
1-14 (1) by a fine of not less than $100 and not more than
1-15 $150;
1-16 (2) on conviction of an offense involving a vehicle
1-17 having an axle or [a] gross weight that is more than 5,000 but not
1-18 more than 10,000 pounds heavier than the vehicle's allowable
1-19 [gross] weight, by a fine of not less than $300 or more than $500;
1-20 (3) on conviction of an offense involving a vehicle
1-21 having an axle or [a] gross weight that is more than 10,000 pounds
1-22 heavier than the vehicle's allowable [gross] weight, by a fine of
1-23 not less than $500 or more than $1,000; or
1-24 (4) on conviction before the first anniversary of the
2-1 date of a previous conviction under this section, by a fine in an
2-2 amount that is twice the amount specified by Subdivision (1), (2),
2-3 or (3).
2-4 (g) A governmental entity that collects a fine under this
2-5 section for an offense involving a vehicle having an axle or [a]
2-6 gross weight that is more than 5,000 pounds heavier than the
2-7 vehicle's allowable [gross] weight shall send an amount equal to 50
2-8 percent of the fine to the comptroller unless the offense occurred
2-9 within 20 miles of an international border, in which event the
2-10 entire amount of the fine shall be deposited for the purposes of
2-11 road maintenance in:
2-12 (1) the municipal treasury, if the fine was imposed by
2-13 a municipal court; or
2-14 (2) the county treasury, if the fine was imposed by a
2-15 justice court.
2-16 SECTION 2. Section 621.507(a), Transportation Code, is
2-17 amended to read as follows:
2-18 (a) A person commits an offense if the person violates a
2-19 provision of this subtitle [subchapter] for which an offense is not
2-20 specified by another section of this subtitle [subchapter].
2-21 SECTION 3. Sections 622.017, 622.033, 622.136, and 623.165,
2-22 Transportation Code, are repealed.
2-23 SECTION 4. This Act takes effect September 1, 2001, and
2-24 applies only to an offense committed on or after that date. An
2-25 offense committed before the effective date of this Act is covered
2-26 by the law in effect on the date the offense was committed, and the
2-27 former law is continued in effect for that purpose.