BILL ANALYSIS
Senate Research Center H.B. 1822
79R10736 DWS-F By: Kolkhorst (Ogden)
Transportation & Homeland Security
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
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.