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