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.
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