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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; 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. |
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(b) It is an affirmative defense to prosecution of, or an |
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action under Subchapter F for, the offense of operating a vehicle |
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with a single axle weight or tandem axle weight heavier than the |
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axle weight authorized by law that at the time of the offense the |
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vehicle: |
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(1) was issued a permit under Section 623.011; |
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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; 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. |
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SECTION 2. 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, 2011. |