79R6721 DWS-D

By:  Kolkhorst                                                    H.B. No. 1822

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 maintained by the state to enforce vehicle weight limitations. (b) An operator of a truck or truck tractor operated in combination with a loaded trailer or semitrailer 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.