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.