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79R10736 DWS-F


By:  Kolkhorst                                                    H.B. No. 1822



A BILL TO BE ENTITLED

AN ACT

relating to an offense of passing or avoiding a weigh station by 
certain vehicle operators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter F, Chapter 621, Transportation Code, 
is amended by adding Section 621.411 to read as follows:
	Sec. 621.411.  PASSING OR AVOIDING WEIGH STATION.  (a)  In 
this section, "weigh station" means a fixed-site facility with 
stationary scales operated by the state to enforce vehicle weight 
limitations.
	(b)  An operator of a vehicle 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)  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.  This Act takes effect September 1, 2005.