1-1 AN ACT
1-2 relating to the operation of certain overweight vehicles on a
1-3 highway; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 622.013, Transportation Code, is amended
1-6 by adding Subsection (c) to read as follows:
1-7 (c) A copy of the bond shall be:
1-8 (1) carried on the vehicle when the vehicle is on a
1-9 public highway; and
1-10 (2) presented to an officer authorized to enforce this
1-11 chapter on request of the officer.
1-12 SECTION 2. Section 622.017, Transportation Code, is amended
1-13 by amending Subsection (b) and adding Subsection (d) to read as
1-14 follows:
1-15 (b) Except as provided by Subsections [Subsection] (c) and
1-16 (d), an offense under this section is a misdemeanor punishable:
1-17 (1) by a fine of not more than $200;
1-18 (2) on conviction within one year after the date of a
1-19 prior conviction under this section that was punishable under
1-20 Subdivision (1), by a fine of not more than $500, by confinement in
1-21 the county jail for not more than 60 days, or by both the fine and
1-22 the confinement; or
1-23 (3) on conviction within one year after the date of a
1-24 prior conviction under this section that was punishable under
1-25 Subdivision (2) or this subdivision, by a fine of not more than
2-1 $1,000, by confinement in the county jail for not more than six
2-2 months, or by both the fine and the confinement.
2-3 (d) A person commits an offense if the person fails in
2-4 violation of Section 622.013(c) to carry or present the copy of the
2-5 bond filed with the department. An offense under this subsection
2-6 is a misdemeanor punishable by a fine not to exceed $200.
2-7 SECTION 3. Subchapter B, Chapter 622, Transportation Code,
2-8 is amended by adding Section 622.018 to read as follows:
2-9 Sec. 622.018. DEFENSE TO PROSECUTION: BOND IN EFFECT.
2-10 (a) It is a defense to prosecution under Section 622.017 that the
2-11 person charged produces a surety bond that complies with Section
2-12 622.013 that was valid at the time the offense is alleged to have
2-13 occurred.
2-14 (b) If the court verifies the bond produced by the person,
2-15 the court shall dismiss the charge.
2-16 SECTION 4. Section 622.133, Transportation Code, is amended
2-17 to read as follows:
2-18 Sec. 622.133. AXLE-LOAD RESTRICTIONS. A single vehicle used
2-19 exclusively to transport recyclable materials may be operated on a
2-20 public highway only if the tandem axle load is not heavier than
2-21 44,000 pounds, a single axle load is not heavier than 21,000
2-22 pounds, and the gross load is not heavier than 64,000 pounds.
2-23 SECTION 5. Section 622.134, Transportation Code, is amended
2-24 by adding Subsection (d) to read as follows:
2-25 (d) A copy of the bond shall be:
2-26 (1) carried on the vehicle when the vehicle is on a
3-1 public highway; and
3-2 (2) presented to an officer authorized to enforce this
3-3 chapter on request of the officer.
3-4 SECTION 6. Section 622.136, Transportation Code, is amended
3-5 by amending Subsection (b) and adding Subsection (d) to read as
3-6 follows:
3-7 (b) Except as provided by Subsections [Subsection] (c) and
3-8 (d), an offense under this section is a misdemeanor punishable:
3-9 (1) by a fine not to exceed $200;
3-10 (2) on conviction within one year after the date of a
3-11 prior conviction under this section that was punishable under
3-12 Subdivision (1), by a fine not to exceed $500, by confinement in
3-13 the county jail for not more than 60 days, or by both the fine and
3-14 confinement; or
3-15 (3) on conviction within one year after the date of a
3-16 prior conviction under this section that was punishable under
3-17 Subdivision (2), by a fine not to exceed $1,000, by confinement in
3-18 the county jail for not more than six months, or by both the fine
3-19 and confinement.
3-20 (d) A person commits an offense if the person fails in
3-21 violation of Section 622.134(d) to carry or present the copy of the
3-22 bond filed with the department. An offense under this subsection
3-23 is a misdemeanor punishable by a fine not to exceed $200.
3-24 SECTION 7. Subchapter J, Chapter 622, Transportation Code,
3-25 is amended by adding Section 622.137 to read as follows:
4-1 Sec. 622.137. DEFENSE TO PROSECUTION: BOND IN EFFECT.
4-2 (a) It is a defense to prosecution under Section 622.136 that the
4-3 person charged produces a surety bond that complies with Section
4-4 622.134 that was valid at the time the offense is alleged to have
4-5 occurred.
4-6 (b) If the court verifies the bond produced by the person,
4-7 the court shall dismiss the charge.
4-8 SECTION 8. Section 623.163, Transportation Code, is amended
4-9 by adding Subsection (d) to read as follows:
4-10 (d) A copy of the bond shall be:
4-11 (1) carried on the vehicle when the vehicle is on a
4-12 public highway; and
4-13 (2) presented to an officer authorized to enforce this
4-14 chapter on request of the officer.
4-15 SECTION 9. Section 623.165, Transportation Code, is amended
4-16 by amending Subsection (b) and adding Subsection (d) to read as
4-17 follows:
4-18 (b) Except as provided by Subsections [Subsection] (c) and
4-19 (d), an offense under this section is a misdemeanor punishable:
4-20 (1) by a fine of not more than $200;
4-21 (2) on conviction within one year after the date of a
4-22 prior conviction under this section that was punishable under
4-23 Subdivision (1), by a fine of not more than $500, by confinement in
4-24 the county jail for not more than 60 days, or by both the fine and
4-25 the confinement; or
4-26 (3) on conviction within one year after the date of a
5-1 prior conviction under this section that was punishable under
5-2 Subdivision (2) or this subdivision, by a fine of not more than
5-3 $1,000, by confinement in the county jail for not more than six
5-4 months, or by both the fine and the confinement.
5-5 (d) A person commits an offense if the person fails in
5-6 violation of Section 623.163(d) to carry or present the copy of the
5-7 bond filed with the department. An offense under this subsection
5-8 is a misdemeanor punishable by a fine not to exceed $200.
5-9 SECTION 10. Subchapter H, Chapter 623, Transportation Code,
5-10 is amended by adding Section 623.166 to read as follows:
5-11 Sec. 623.166. DEFENSE TO PROSECUTION: BOND IN EFFECT.
5-12 (a) It is a defense to prosecution under Section 623.165 that the
5-13 person charged produces a surety bond that complies with Section
5-14 623.163 that was valid at the time the offense is alleged to have
5-15 occurred.
5-16 (b) If the court verifies the bond produced by the person,
5-17 the court shall dismiss the charge.
5-18 SECTION 11. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 889 passed the Senate on
April 3, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 26, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 889 passed the House, with
amendment, on May 18, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor