79R4251 DWS-D


By:  Gattis, Rose                                                 H.B. No. 754



A BILL TO BE ENTITLED

AN ACT

relating to transportation of loose materials.                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 725.003(c), Transportation Code, is 
amended to read as follows:
	(c)  An offense under this section is a misdemeanor 
punishable by a fine of[:
		[(1)]  not less than $25 or more than [$200 for a first 
conviction; and
		[(2)  not less than $200 or more than] $500 [for a 
second or subsequent conviction].
	SECTION 2.  Section 725.021, Transportation Code, is amended 
by amending Subsection (c) and adding Subsection (e) to read as 
follows:
	(c)  Except as provided by Subsection (e), the [The] load 
shall be covered and the covering firmly secured at the front and 
back, unless the load:
		(1)  is completely enclosed by the load-carrying 
compartment;  or           
		(2)  does not blow or spill over the top of the 
load-carrying compartment.  
	(e)  If the vehicle is a commercial motor vehicle and the 
load is dirt, sand, gravel, or refuse, the load shall be covered and 
the covering firmly secured at the front and back or shall be 
completely enclosed by the load-carrying compartment.  For purposes 
of this section, "commercial motor vehicle" means a motor vehicle, 
trailer, or semitrailer used primarily in the business of 
transporting property.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.