This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1822

79R10736 DWS-F                                                                                         By: Kolkhorst (Ogden)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, law enforcement personnel lack the tools to enforce weight enforcement programs at stationary scales.

 

Under H.B. 1822, an operator of a commercial vehicle commits an offense if the operator fails to stop at a weigh station or knowingly evades a weigh station.  It is a defense to prosecution if the operator fails to stop at a weigh station based on the direction of a weight enforcement officer.

 

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 Subchapter F, Chapter 621, Transportation Code, by adding Section 621.411, as follows:

 

Sec. 621.411.  PASSING OR AVOIDING WEIGH STATION.  (a) Defines "weigh station."

 

(b) Provides that an operator required by law, including a rule, to stop at a weigh station that is in operation commits an offense if the operator does not stop at a weigh station that is in operation or knowingly evades a weigh station by use of an alternate road or other means.

 

(c) Provides that it is an affirmative defense to prosecution of an offense of failing to stop at a weigh station that the operator was complying with the directions of a weight enforcement officer.

 

SECTION 2.  Effective date: September 1, 2005.