81R10511 SLB-F
 
  By: Gonzalez Toureilles H.B. No. 3143
 
 
 
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. 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.
         SECTION 2.  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.