BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 754

79R4251 DWS-D                                                                                                 By: Gattis (Fraser)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/13/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law does not require a commercial truck hauling dirt, sand, gravel, or refuse to cover its load with a tarp.  This in turn leaves a motorist who drives behind such a vehicle vulnerable to material spilling out onto the roadway.

 

H.B. 754 requires a commercial vehicle carrying such loose material to cover its load with a tarp.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 725.003(c), Transportation Code, by providing that an offense under this section (relating to the transportation of loose materials) is a misdemeanor punishable by a fine of not less than $25 or more than $500, rather than $200 for a first conviction and not less than $200 or more than $500 for a subsequent conviction.  Makes nonsubstantive changes.

 

SECTION 2.  Amends Section 725.021, Transportation Code, by amending Subsection (c) and adding Subsection (e) as follows: 

 

            (c)  Creates an exception to this subsection as provided by Subsection (e).

 

            (e)  Requires, if the vehicle is a commercial motor vehicle and the load is dirt, sand,           gravel, or refuse, the load to be covered and the covering firmly secured at the front and       back or to be completely enclosed by the load-carrying compartment.  Defines, for the             purposes of this section, "commercial motor vehicle."

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4   Effective date: September 1, 2005.