By:  Gattis, Rose                                                 H.B. No. 754
 
    (Senate Sponsor - Fraser)                                                
	(In the Senate - Received from the House April 18, 2005; 
April 19, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 13, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 7, Nays 0; May 13, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 754                                    By:  Brimer


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.  Sections 725.003(a) and (c), Transportation 
Code, are amended to read as follows:
	(a)  A person or the person's agent or employee may not [load 
or] transport loose material, aggregates, or refuse in violation of 
this chapter.
	(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 
transporting aggregates, as defined by Section 133.003, Natural 
Resources Code, 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.                           



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