| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to weight limits on a vehicle loaded with certain |
|
|
agricultural products. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 621.508, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE |
|
|
OVER MAXIMUM ALLOWABLE [AXLE] WEIGHT. (a) It is an affirmative |
|
|
defense to prosecution of, or an action under Subchapter F for, the |
|
|
offense of operating a vehicle with a gross weight, single axle |
|
|
weight, or tandem axle weight heavier than the [axle] weight |
|
|
authorized by law that at the time of the offense the vehicle: |
|
|
(1) had a gross weight, single axle weight, or tandem |
|
|
axle weight that was not heavier than the [axle] weight authorized |
|
|
by law plus 12 percent; |
|
|
(2) was loaded with timber, pulp wood, wood chips, or |
|
|
cotton, livestock, or other agricultural products that are: |
|
|
(A) in their natural state; and |
|
|
(B) being transported from the place of |
|
|
production to the place of first marketing or first processing; |
|
|
[and] |
|
|
(3) was not being operated on a portion of the national |
|
|
system of interstate and defense highways; and |
|
|
(4) was either operated under: |
|
|
(A) the written consent of the commissioners |
|
|
court of the county; or |
|
|
(B) the following conditions: |
|
|
(i) the owner of the vehicle obtained a |
|
|
permit issued under Section 623.011; |
|
|
(ii) the owner of the vehicle obtained a |
|
|
bond or letter of credit in the amount of $30,000 payable to the |
|
|
department and the counties of this state; |
|
|
(iii) the owner of the vehicle obtained an |
|
|
excess weight permit from the county under Subsection (b); and |
|
|
(iv) at least eight hours before the |
|
|
operation of the vehicle on the county road, the owner or operator |
|
|
of the vehicle notified the sheriff or, if applicable, the county |
|
|
commissioner who serves as the ex officio road commissioner in |
|
|
whose county or precinct the road is located. |
|
|
(b) An owner of a motor vehicle may obtain from the |
|
|
commissioners court of the county, through the county judge, an |
|
|
excess weight permit that allows the operation of the vehicle |
|
|
described in the permit: |
|
|
(1) on the roads in that county; and |
|
|
(2) with a gross weight up to 12 percent heavier than |
|
|
the weight authorized by law for that vehicle. |
|
|
(c) The fee for a permit issued under Subsection (b) may not |
|
|
exceed: |
|
|
(1) $500 for a permit that is valid for any period |
|
|
during which the permit holder operates the vehicle; or |
|
|
(2) $225 for a permit that is valid for one year from |
|
|
the date of issuance. |
|
|
(d) Sections 623.018(b) and (d) do not apply to a permit |
|
|
issued under this section. |
|
|
(e) This section does not authorize the operation of a |
|
|
vehicle with a gross weight heavier than the weight authorized by |
|
|
law for that vehicle on a bridge, if the weight of the vehicle |
|
|
exceeds the weight limit established by the commission under |
|
|
Section 621.102 or by the commissioners court under Section |
|
|
621.301. |
|
|
SECTION 2. Section 623.018, Transportation Code, is amended |
|
|
by adding Subsection (f) to read as follows: |
|
|
(f) Subsections (b) and (d) do not apply to a permit issued |
|
|
under Section 621.508. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |