BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 327

80R1077 ACP-F                                                                                                               By: Carona

Transportation and Homeland Security

2/19/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, it is not a violation to transport cargo that is not secure.  A violation for transporting cargo that is improperly secured does not occur until a load has blown, spilled, or fallen out of a vehicle.

As proposed, S.B. 327 creates a misdemeanor offense, subject to a fine of $200, for failure to properly secure cargo so that it will not fall from a vehicle.  This proposed change is in response to numerous inquiries that the Texas Department of Public Safety receives concerning vehicles that lose their cargo when traveling on public streets and highways.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 547.004(a), Transportation Code, to include the transportation of cargo that is inadequately secured to prevent the cargo from falling from a vehicle to the items to which constitute a misdemeanor offense.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2007.