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A BILL TO BE ENTITLED
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AN ACT
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relating to imposing a law enforcement fee on certain commercial |
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motor vehicle offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 621.503. PROHIBITION OF LOADING MORE THAN |
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WEIGHT LIMITATION. (a) A person may not load, or cause to be
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loaded, a vehicle for operation on a public highway of this state |
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that exceeds the weight limitations for operation of that vehicle |
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provided by Section 621.101. |
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(b) Intent to violate a limitation is presumed if the weight |
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of the loaded vehicle is heavier than the applicable axle or gross |
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weight limit by 15 percent or more. |
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(c) This section does not apply to the loading of an |
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agricultural or a forestry commodity before the commodity is |
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changed in processing from its natural state. |
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SECTION 2. Sec. 621.5061. LAW ENFORCEMENT FEE. (a) person |
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is subject to a law enforcement fee if the person: |
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(1) loads a vehicle or causes a vehicle to be loaded in |
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violation of Section 621.503; or |
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(2) provides false information on a certification of |
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weight in violation of Section. 623.272; or |
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(3) operates or loads an overweight vehicle in |
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violation of Section 621.506(a)(1) or (a)(2); or |
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(4) uses or allows a motor vehicle to be used in the |
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commission of a felony involving the manufacture, distribution, or |
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dispensing of a controlled substance, or possession with intent to |
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manufacture, distribute or dispense a controlled substance, in |
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violation of Transportation Code 522.081(d)(2); or |
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(5) uses or allows a motor vehicle to be used in the |
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commission of an offense under 8 U.S.C. Section 1324 that involves |
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the transportation, concealment, or harboring of an alien in |
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violation of Transportation Code Section 522.081(d)(4). |
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(b) A person convicted of an offense punishable as a |
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Misdemeanor under Chapter 621.503, 621.506 or 623.272, |
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Transportation Code, shall pay $500 on conviction of each offense. |
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(b-1) A person convicted of an offense punishable as under |
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Transportation Code Section 522.081(d)(2) or Section |
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522.081(d)(4), shall pay $2000 on conviction of each offense. |
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(c) The comptroller shall deposit the money collected under |
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this article in the state treasury to the credit of the general |
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revenue fund to be used for law enforcement purposes. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |