BILL ANALYSIS
By: Kolkhorst
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Because of a lack of enforcement tools, commercial vehicle operators in Texas are allowed to bypass a weigh station if they are aware that their vehicle is in non-compliance and learn that a scale is in operation. If CSHB 1822 is passed, an operator of a commercial vehicle would commit an offense if they failed to stop at a weigh station or knowingly evaded a weigh station. The bill provides law enforcement with a much-needed tool to enforce weight enforcement programs at stationary scales in Texas.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Subchapter F, Chapter 621, Transportation Code, is amended by defining "weigh station" in this section as a fixed-site facility with stationary scales operated by the state to enforce vehicle weight limitations. Provides that an operator commits an offense if they do not stop at a weigh station or knowingly evades a weigh station by use of another road or means. Also provides an affirmative defense to prosecution of an offense if a weight enforcement officer directs the operator to bypass the weigh station.
SECTION 2. This Act takes effect September 1, 2005.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B 1822 differs in that the original bill described only certain vehicles that the bill would apply to, and in the substitute we instead include a more generic reference to include any type vehicle that is required to stop at a weigh station. The substitute also differs from the original in that it replaces the word "maintained" on line 9 with the word "operated" in order to more broadly include all stationary scales operated by the Department of Public Safety, including those maintained by county governments