By: Jones H.B. No. 4186
 
 
 
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 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 either:
                     (A)  a single axle weight or tandem axle weight
  that was not heavier than the axle weight authorized by law plus 12
  percent; or
                     (B)  a combination of single axle weights and
  tandem axle weights heavier than the axle weight authorized by law,
  so long as each axle weight or tandem axle weight does not exceed
  the axle weight authorized by law plus six 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 September 1, 2009.