1-1 AN ACT
1-2 relating to enforcement of motor vehicle weight restrictions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 621.402, Transportation Code, is amended
1-5 by adding Subsection (c) to read as follows:
1-6 (c) A noncommissioned employee of the Department of Public
1-7 Safety who is certified for the purpose by the public safety
1-8 director and who is supervised by an officer of the Department of
1-9 Public Safety may, in a port of entry or at a fixed-site facility,
1-10 weigh a vehicle, require the vehicle to be weighed, or require a
1-11 vehicle to be driven to the nearest scale under Subsections (a) and
1-12 (b).
1-13 SECTION 2. Section 621.408, Transportation Code, is amended
1-14 to read as follows:
1-15 Sec. 621.408. POWERS OF WEIGHT ENFORCEMENT OFFICERS.
1-16 (a) Except for the authority granted to a port-of-entry supervisor
1-17 or inspector by Section 621.409, weight enforcement officers have
1-18 exclusive authority[:]
1-19 [(1)] to enforce this subchapter in any area of this
1-20 state, including all ports of entry [other than in the territory of
1-21 a municipality with a population of more than:]
1-22 [(A) 100,000; or]
1-23 [(B) 74,000 in a county with a population of
1-24 more than 1.5 million; and]
1-25 [(2) to enforce all weight limitations for a vehicle
2-1 on a state-maintained public highway or at a port-of-entry] between
2-2 Texas and the United Mexican States.
2-3 (b) If a noncommissioned employee weighs a vehicle under
2-4 Section 621.402 and determines that an enforcement action, such as
2-5 the issuance of a citation, is warranted, only a supervising
2-6 officer may take the action.
2-7 SECTION 3. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 888 passed the Senate on
April 3, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 888 passed the House on
May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor