1-1 By: Ogden S.B. No. 889
1-2 (In the Senate - Filed February 23, 2001; February 26, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 28, 2001, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 28, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the operation of certain overweight vehicles on a
1-9 highway; providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 622.013, Transportation Code, is amended
1-12 by adding Subsection (c) to read as follows:
1-13 (c) A copy of the bond shall be:
1-14 (1) carried on the vehicle when the vehicle is on a
1-15 public highway; and
1-16 (2) presented to an officer authorized to enforce this
1-17 chapter on request of the officer.
1-18 SECTION 2. Section 622.017, Transportation Code, is amended
1-19 by amending Subsection (b) and adding Subsection (d) to read as
1-20 follows:
1-21 (b) Except as provided by Subsections [Subsection] (c) and
1-22 (d), an offense under this section is a misdemeanor punishable:
1-23 (1) by a fine of not more than $200;
1-24 (2) on conviction within one year after the date of a
1-25 prior conviction under this section that was punishable under
1-26 Subdivision (1), by a fine of not more than $500, by confinement in
1-27 the county jail for not more than 60 days, or by both the fine and
1-28 the confinement; or
1-29 (3) on conviction within one year after the date of a
1-30 prior conviction under this section that was punishable under
1-31 Subdivision (2) or this subdivision, by a fine of not more than
1-32 $1,000, by confinement in the county jail for not more than six
1-33 months, or by both the fine and the confinement.
1-34 (d) A person commits an offense if the person fails in
1-35 violation of Section 622.013(c) to carry or present the copy of the
1-36 bond filed with the department. An offense under this subsection
1-37 is a misdemeanor punishable by a fine not to exceed $200.
1-38 SECTION 3. Section 622.133, Transportation Code, is amended
1-39 to read as follows:
1-40 Sec. 622.133. AXLE-LOAD RESTRICTIONS. A single vehicle used
1-41 exclusively to transport recyclable materials may be operated on a
1-42 public highway only if the tandem axle load is not heavier than
1-43 44,000 pounds, a single axle load is not heavier than 21,000
1-44 pounds, and the gross load is not heavier than 64,000 pounds.
1-45 SECTION 4. Section 622.134, Transportation Code, is amended
1-46 by adding Subsection (d) to read as follows:
1-47 (d) A copy of the bond shall be:
1-48 (1) carried on the vehicle when the vehicle is on a
1-49 public highway; and
1-50 (2) presented to an officer authorized to enforce this
1-51 chapter on request of the officer.
1-52 SECTION 5. Section 622.136, Transportation Code, is amended
1-53 by amending Subsection (b) and adding Subsection (d) to read as
1-54 follows:
1-55 (b) Except as provided by Subsections [Subsection] (c) and
1-56 (d), an offense under this section is a misdemeanor punishable:
1-57 (1) by a fine not to exceed $200;
1-58 (2) on conviction within one year after the date of a
1-59 prior conviction under this section that was punishable under
1-60 Subdivision (1), by a fine not to exceed $500, by confinement in
1-61 the county jail for not more than 60 days, or by both the fine and
1-62 confinement; or
1-63 (3) on conviction within one year after the date of a
1-64 prior conviction under this section that was punishable under
2-1 Subdivision (2), by a fine not to exceed $1,000, by confinement in
2-2 the county jail for not more than six months, or by both the fine
2-3 and confinement.
2-4 (d) A person commits an offense if the person fails in
2-5 violation of Section 622.134(d) to carry or present the copy of the
2-6 bond filed with the department. An offense under this subsection
2-7 is a misdemeanor punishable by a fine not to exceed $200.
2-8 SECTION 6. Section 623.163, Transportation Code, is amended
2-9 by adding Subsection (d) to read as follows:
2-10 (d) A copy of the bond shall be:
2-11 (1) carried on the vehicle when the vehicle is on a
2-12 public highway; and
2-13 (2) presented to an officer authorized to enforce this
2-14 chapter on request of the officer.
2-15 SECTION 7. Section 623.165, Transportation Code, is amended
2-16 by amending Subsection (b) and adding Subsection (d) to read as
2-17 follows:
2-18 (b) Except as provided by Subsections [Subsection] (c) and
2-19 (d), an offense under this section is a misdemeanor punishable:
2-20 (1) by a fine of not more than $200;
2-21 (2) on conviction within one year after the date of a
2-22 prior conviction under this section that was punishable under
2-23 Subdivision (1), by a fine of not more than $500, by confinement in
2-24 the county jail for not more than 60 days, or by both the fine and
2-25 the confinement; or
2-26 (3) on conviction within one year after the date of a
2-27 prior conviction under this section that was punishable under
2-28 Subdivision (2) or this subdivision, by a fine of not more than
2-29 $1,000, by confinement in the county jail for not more than six
2-30 months, or by both the fine and the confinement.
2-31 (d) A person commits an offense if the person fails in
2-32 violation of Section 623.163(d) to carry or present the copy of the
2-33 bond filed with the department. An offense under this subsection
2-34 is a misdemeanor punishable by a fine not to exceed $200.
2-35 SECTION 8. This Act takes effect September 1, 2001.
2-36 * * * * *