BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 737

79R7109 JD-D                                                                                                                  By: Brimer

Transportation and Homeland Security

4/1/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Section 621.506(b)(3), Transportation Code, sets fines for trucks that exceed the weight limit by more than 10,000 pounds at $500 to $1,000.  Section 621.506(f), Transportation Code, however, limits the jurisdiction of city courts to cases with penalties of no more than $500.  Cities cannot recoup the losses from the destruction caused by overweight vehicles to city infrastructure such as roads and gutters. 

As proposed, S.B. 737 allows all overweight vehicle offense cases to be considered by both justice and municipal courts.

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 621.506(f), Transportation Code, to provide that a justice or municipal court, rather than a justice court, has jurisdiction of an offense under this section (Offense of Operating Or Loading Overweight Vehicle; Penalty; Defense).  Deletes the provision that a municipal court has jurisdiction of an offense under this section for which the fine does not exceed $500. 

SECTION 2.  Effective date: upon passage or September 1, 2005.