81R10036 SLB-D
 
  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 gross [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 [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 September 1, 2009.