BILL ANALYSIS

C.S.H.B. 3094

By: Fletcher

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties assert that it is often more financially beneficial for trucking companies to use a truck that exceeds an established weight limit and pay the associated fine than to use two trucks at legally allowed weights. C.S.H.B. 3094 seeks to address this problem by amending and adding statutory provisions relating to a law enforcement fee for certain offenses and violations related to vehicle weight limits.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3094 amends the Transportation Code to establish a presumption of intent to operate a vehicle at a weight that is heavier than the weight authorized by a permit for oversize or overweight vehicles, except for a permit issued for excess axle or gross weight, if the vehicle is operated at a weight that is heavier than the applicable weight allowed under a permit for oversize or overweight vehicles and if a permit to operate at that weight has not been issued for the vehicle. The bill make it an offense, punishable by a fine of $5,000, to operate a vehicle at a weight for which an oversize or overweight permit is required, other than a permit issued for excess axle or gross weight, and to fail to obtain the permit. The bill requires half of the amount of the fine to be deposited to the credit of the state highway fund with the remaining portion authorized to be retained by the county in which the violation occurred to be used solely for the purposes of road maintenance on county roads and enforcement of traffic laws in the county.

C.S.H.B. 3094 prohibits a person from operating or moving a vehicle equipped with a tag or lift axle on a highway if the tag or lift axle is lowered to the surface of the highway and the minimum ascending and descending transverse travel of the tag or lift axle is less than 1.2 inches per foot of length, as measured from the rear of the vehicle to the tag or lift axle.

C.S.H.B. 3094 lowers from 15 to three percent the percentage over the applicable axle or gross weight limit of a vehicle that determines the presumption of intent to violate a weight limitation. The bill makes a violation of statutory provisions relating to loading a vehicle in excess of the weight limitations for operation of that vehicle subject to administrative enforcement, but prohibits such enforcement from being imposed on a shipper of gasoline, diesel fuel, or aviation fuel for such a violation.

C.S.H.B. 3094 expands the conduct that constitutes the offense of operating or loading an overweight vehicle to include operating a vehicle or combination of vehicles in violation of statutory provisions relating to length limitations for vehicles transporting timber or timber products, to vehicles transporting raw wood products, to length limitations for vehicles transporting electric power transmission poles, and to length limitations for vehicles transporting poles or pipe. The bill increases from $100 to $500 the minimum fine and from $150 to $1,250 the maximum fine for such an offense.

C.S.H.B. 3094 creates a system of Class 1 to Class 2 weight violations for the offense of operating or loading an overweight vehicle by establishing that a vehicle having a single axle weight or tandem axle weight that is more than the vehicle's allowable weight is:

· a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds; and

· a Class 2 weight violation, if the excess weight is more than 5,000 pounds.

The bill also creates a system of Class 1 to Class 4 weight violations for that offense by establishing that a vehicle having a gross weight that is more than the vehicle's allowable weight is:

· a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds;

· a Class 2 weight violation, if the excess weight is more than 5,000 pounds but not more than 10,000 pounds;

· a Class 3 weight violation, if the excess weight is more than 10,000 pounds but not more than 20,000 pounds; and

· a Class 4 weight violation, if the excess weight is more than 20,000 pounds.

The bill sets out minimum and maximum fines to be assessed on initial conviction of the offense for each class of weight violation and does the same for a second conviction of the offense before the first anniversary of the date of a previous conviction, a third conviction of the offense before the first anniversary of the date of a previous conviction, and any subsequent conviction of the offense after the first anniversary of a previous conviction. The bill establishes that a previous offense of operating or loading an overweight vehicle includes any such offense, regardless of whether the offense involved a weight class violation or the same weight class violation. The bill makes a violation of these provisions subject to administrative enforcement.

C.S.H.B. 3094 revises the punishments for conviction of the general offense relating to vehicle size and weight by increasing the fines for an initial conviction and a subsequent conviction before the first anniversary of the date of a previous conviction and specifying the fines and period of confinement in a county jail for a subsequent conviction after the first anniversary of the date of a previous conviction. The bill establishes a minimum fine of $5,000 for an initial conviction of the general offense relating to vehicle size and weight for a person that is a corporation.

C.S.H.B. 3094 increases from $100 to $1,000 the minimum fine for specified offenses under statutory provisions relating to general permits for oversize or overweight vehicles and increases from $150 to $2,250 the maximum fine for such offenses. The bill creates a system of Class 1 to Class 2 weight violations for the offenses by establishing that a vehicle having a single axle weight or tandem axle weight that is more than the vehicle's allowable weight is:

· a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds; and

· a Class 2 weight violation, if the excess weight is more than 5,000 pounds.

The bill also creates a system of Class 1 to Class 4 weight violations for the offenses by establishing that a vehicle having a gross weight that is more than the vehicle's allowable weight is:

· a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds;

· a Class 2 weight violation, if the excess weight is more than 5,000 pounds but not more than 10,000 pounds;

· a Class 3 weight violation, if the excess weight is more than 10,000 pounds but not more than 20,000 pounds; and

· a Class 4 weight violation, if the excess weight is more than 20,000 pounds.

The bill sets out minimum and maximum fines to be assessed on initial conviction of such an offense for each class of weight violation and does the same for a second conviction of such an offense before the first anniversary of the date of a previous conviction, a third conviction of such an offense before the first anniversary of the date of a previous conviction, and any subsequent conviction of such an offense after the first anniversary of a previous conviction. The bill establishes that a previous offense relating to general permits for oversize and overweight vehicles includes any such offense, regardless of whether the offense involved a weight class violation or the same weight class violation. The bill makes a violation of these provisions subject to administrative enforcement. The bill expands the requirement that a governmental entity collecting a fine related to such offenses send an amount equal to 50 percent of the fine to the comptroller of public accounts to include a fine collected for an offense under the system of class weight violations created by the bill's provisions. The bill specifies that a municipal court has jurisdiction of such an offense in which the fine does not exceed $10,000, rather than $500, and grants jurisdiction to a county or district of such an offense in which the fine exceeds $10,000.

C.S.H.B. 3094 revises the punishments for conviction of an offense under statutory provisions relating to a permit for the operation of superheavy or oversize equipment on a state highway by increasing the fine for an initial conviction and a subsequent conviction before the first anniversary of the date of a previous conviction, establishing a fine for a third conviction before the first anniversary of the date of a previous conviction, and specifying the fine and period of confinement in a county jail for a subsequent conviction after the first anniversary of the date of a previous conviction.

C.S.H.B. 3094 prohibits the Texas Department of Motor Vehicles (TxDMV) from revoking a permit issued for the operation of superheavy or oversize equipment over a state highway for a violation of statutory provisions relating to permits for oversize or overweight vehicles unless the holder of the permit is convicted before the first anniversary of the date of a previous conviction of three or more such offenses.

C.S.H.B. 3094 requires TxDMV, on imposition of an administrative penalty on a shipper for providing false information on a shipper's certificate of weight, to assess a law enforcement fee in the amount of $5,000 against the shipper, in addition to the established penalty. The bill requires the fee to be remitted to the comptroller for deposit in a special account in the general revenue fund and limits appropriation of the fee to the Department of Public Safety for commercial vehicle enforcement. The bill makes such provisions inapplicable to an administrative penalty imposed on a shipper of gasoline, diesel fuel, or aviation fuel.

C.S.H.B. 3094 repeals Section 623.019(d), Transportation Code.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3094 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

No equivalent provision.

SECTION 1. Section 621.502, Transportation Code, is amended by adding Subsections (e) through (i) to read as follows:

(e) Intent to operate a vehicle at a weight that is heavier than the weight authorized by a permit issued under Chapter 623, except for a permit issued under Section 623.011, is presumed if:

(1) the vehicle is operated at a weight that is heavier than the applicable weight allowed under Chapter 623; and

(2) a permit to operate at that weight has not been issued for the vehicle.

(f) A person commits an offense if:

(1) the person operates a vehicle at a weight for which a permit is required by Chapter 623, other than a permit issued under Section 623.011; and

(2) the person has failed to obtain the permit.

(g) An offense under Subsection (f) is punishable by a fine of $5,000. Half of the amount of each fine collected under this subsection shall be deposited to the credit of the state highway fund. The remaining portion of the fine may be retained by the county in which the violation occurred to be used solely for the purposes of road maintenance on county roads and enforcement of traffic laws in the county.

(h) A person may not operate or move a vehicle equipped with a tag or lift axle on a highway if:

(1) the tag or lift axle is lowered to the surface of the highway; and

(2) the minimum ascending and descending transverse travel of the tag or lift axle is less than 1.2 inches per foot of length, as measured from the rear of the vehicle to the tag or lift axle.

(i) In this section:

(1) "Tag or lift axle" means an additional axle mounted to the rear of a vehicle that:

(A) may be raised or lowered;

(B) extends behind the rearmost axle of the vehicle; and

(2) "Transverse travel" means the distance that a tag or lift axle moves vertically, either up or down, because the vehicle enters an incline or exits a decline of a highway.

No equivalent provision, but see repealed Sections 621.503(b) and (c), Transportation Code, in SECTION 5 below.

SECTION 2. Section 621.503, Transportation Code, is amended by amending Subsections (a) and (b) and adding Subsection (d) to read as follows:

(a) A person may not load, or cause to be loaded, a vehicle for operation on a public highway of this state that exceeds the weight limitations for operation of that vehicle provided by Section 621.101 or Chapter 623.

(b) Intent to violate a limitation is presumed if the weight of the loaded vehicle is heavier than the applicable axle or gross weight limit by three [15] percent or more.

(d) A violation of this section is subject to administrative enforcement under Subchapter N, Chapter 623, except that administrative enforcement may not be imposed on a shipper of gasoline, diesel fuel, or aviation fuel, as those terms are defined by Section 162.001, Tax Code, for a violation of this section.

SECTION 1. Section 621.506, Transportation Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) In addition to a fine assessed under Subsection (b), a court shall assess a law enforcement fee in the amount of $500 against a person who commits an offense under this section.

(See also added Section 621.510, Transportation Code, in SECTION 3 below.)

A fee collected under this subsection shall be remitted to the comptroller for deposit in the general revenue fund and may be appropriated only for law enforcement purposes.

SECTION 3. Section 621.506, Transportation Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1), (b-2), and (i) to read as follows:

(a) A person commits an offense if the person:

(1) operates a vehicle or combination of vehicles in violation of Section 621.101, [~~622.012,~~] 622.031, 622.041, 622.0435, 622.051, 622.061, 622.133, 622.953, or 623.162; or

(2) loads a vehicle or causes a vehicle to be loaded in violation of Section 621.503.

(b) An offense under this section is a misdemeanor punishable:

(1) by a fine of not less than $500 [~~$100~~] and not more than $1,250 [~~$150~~];

(2) on conviction of an offense involving:

(A) a Class 1 weight violation, by a fine of not less than $750 or more than $1,500;

(B) a Class 2 weight violation, by a fine of not less than $1,500 or more than $3,000;

(D) a Class 4 weight violation, by a fine of not less than $7,500 or more than $15,000 [a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 5,000 but not more than 10,000 pounds heavier than the vehicle's allowable weight, by a fine of not less than $300 or more than $500];

(3) [on conviction of an offense involving a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 10,000 pounds heavier than the vehicle's allowable weight, by a fine of not less than $500 or more than $1,000; or

[~~(4)~~] on conviction, before the first anniversary of the date of a previous conviction under this section, of a second offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $1,000 or more than $2,000;

(B) a Class 2 weight violation, by a fine of not less than $2,500 or more than $4,500;

(D) a Class 4 weight violation, by a fine of not less than $9,250 or more than $18,000;

(4) on conviction, before the first anniversary of the date of a previous conviction under this section, of a third offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $2,500 or more than $3,750;

(B) a Class 2 weight violation, by a fine of not less than $4,000 or more than $5,500;

(D) a Class 4 weight violation, by a fine of not less than $12,500 or more than $22,000; and

(5) on conviction, after the first anniversary of a previous conviction under this section, of a subsequent offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $850 or more than $1,750;

(B) a Class 2 weight violation, by a fine of not less than $1,750 or more than $3,250;

(D) a Class 4 weight violation, by a fine of not less than $7,750 or more than $16,000 [~~by a fine in an amount that is twice the amount specified by Subdivision (1), (2), or (3)~~].

(b-1) For purposes of Subsection (b)(3), (4), or (5), a previous offense under this section includes any offense under this section, regardless of whether the offense involved a weight class violation or the same weight class violation.

(b-2) In this section:

(1) a vehicle having a single axle weight or tandem axle weight that is more than the vehicle's allowable weight is:

(A) a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds; and

(B) a Class 2 weight violation, if the excess weight is more than 5,000 pounds; and

(2) a vehicle having a gross weight that is more than the vehicle's allowable weight is:

(A) a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds;

(B) a Class 2 weight violation, if the excess weight is more than 5,000 pounds but not more than 10,000 pounds;

(D) a Class 4 weight violation, if the excess weight is more than 20,000 pounds.

(i) A violation of this section is subject to administrative enforcement under Subchapter N, Chapter 623.

SECTION 2. Section 621.508, Transportation Code, is amended to read as follows:

Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER MAXIMUM ALLOWABLE GROSS WEIGHT OR AXLE WEIGHT. It is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with:

(1) a gross weight heavier than the gross weight authorized by law that at the time of the offense the vehicle:

(A) had a gross weight that was not heavier than the gross weight authorized by law plus five percent;

(B) was loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are:

(i) in their natural state; and

(ii) being transported from the place of production to the place of first marketing or first processing; and

(2) 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:

(A) [~~(1)~~] had a single axle weight or tandem axle weight that was not heavier than the axle weight authorized by law plus five [12] percent;

(B) [~~(2)~~] was loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are:

(i) [~~(A)~~] in their natural state; and

(ii) [~~(B)~~] being transported from the place of production to the place of first marketing or first processing; and

No equivalent provision.

SECTION 3. Subchapter G, Chapter 621, Transportation Code, is amended by adding Section 621.510 to read as follows:

Sec. 621.510. LAW ENFORCEMENT FEE. (a) The department shall assess a law enforcement fee against a person convicted of an offense under Section 621.502(a)(2) or 621.506(a)(1) in the amount of $1 per each pound the vehicle or combination of vehicles is heavier than, as appropriate:

(1) the single axle weight or tandem axle weight authorized by law plus five percent; or

(2) the gross weight authorized by law plus five percent.

(b) A fee collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. Fifty percent of the fees deposited under this section must be appropriated for law enforcement purposes, and the remainder must be appropriated to the department for the purposes of road maintenance.

No equivalent provision.

(See also amended Section 621.506, Transportation Code, from SECTION 3 above.)

No equivalent provision.

SECTION 4. Subchapter G, Chapter 621, Transportation Code, is amended by adding Section 621.5061 to read as follows:

Sec. 621.5061. OFFENSE OF OPERATING OVERWEIGHT READY-MIXED CONCRETE TRUCK; PENALTY; DEFENSE. (a) In this section, "ready-mixed concrete truck" has the meaning assigned by Section 622.011.

(b) A person commits an offense if the person operates a ready-mixed concrete truck in violation of Section 622.012.

(1) by a fine of not less than $100 and not more than $150;

(2) on conviction of an offense involving a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 5,000 pounds but not more than 10,000 pounds heavier than the vehicle's allowable weight, by a fine of not less than $300 or more than $500;

(3) on conviction of an offense involving a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 10,000 pounds heavier than the vehicle's allowable weight, by a fine of not less than $500 or more than $1,000; or

(4) on conviction before the first anniversary of the date of a previous conviction under this section, by a fine in an amount that is twice the amount specified by Subdivision (1), (2), or (3).

(d) On conviction of a violation of an axle weight limitation, the court may assess a fine less than the applicable minimum amount prescribed by Subsection (c) if the court finds that when the violation occurred:

(1) the vehicle was registered to carry the maximum gross weight authorized for that vehicle under Section 622.012; and

(2) the gross weight of the vehicle did not exceed that maximum gross weight.

(e) A judge or justice shall promptly report to the Department of Public Safety each conviction obtained in the judge's or the justice's court under this section. The Department of Public Safety shall keep a record of each conviction reported to it under this subsection.

(f) If a corporation fails to pay the fine assessed on conviction of an offense under this section, the district or county attorney in the county in which the conviction occurs may file suit against the corporation to collect the fine.

(g) A justice or municipal court has jurisdiction of an offense under this section.

(h) Except as provided by Subsection (i), a governmental entity that collects a fine under this section for an offense involving a vehicle having a single axle weight, tandem axle weight, or gross weight that is more than 5,000 pounds heavier than the vehicle's allowable weight shall send an amount equal to 50 percent of the fine to the comptroller in the manner provided by Subchapter B, Chapter 133, Local Government Code.

(i) If the offense described by Subsection (h) occurred within 20 miles of an international border, the entire amount of the fine shall be deposited for the purposes of road maintenance in:

(1) the municipal treasury, if the fine was imposed by a municipal court; or

(2) the county treasury, if the fine was imposed by a justice court.

No equivalent provision.

SECTION 5. Section 621.507(b), Transportation Code, is amended to read as follows:

(b) An offense under this section is a misdemeanor punishable:

(1) by a fine of:

(A) not less than $500 and not more than $1,250; or

(B) $5,000, if the convicted person is a corporation [~~not to exceed $200~~];

(2) on conviction before the first anniversary of the date of a previous conviction under this section:

(A) by a fine of not less than $1,500 and not more than $3,000 [~~to exceed $500~~], by confinement in a county jail for not more than 60 days, or by both the fine and confinement; or

(B) if the convicted person is a corporation, by a fine of $8,000 [~~not to exceed $1,000~~]; or

(3) on a conviction after [~~before~~] the first anniversary of the date of a previous conviction under this section that was punishable under Subdivision (1) [~~(2) or this subdivision~~]:

(A) by a fine of not less than $750 and not more than $1,500 [~~to exceed $1,000~~], by confinement in the county jail for not more than 30 days [~~six months~~], or by both the fine and confinement; or

(B) if the convicted person is a corporation, by a fine not to exceed $6,500 [~~$2,000~~].

No equivalent provision.

SECTION 6. Section 623.019, Transportation Code, is amended by amending Subsections (b), (c), (e), and (f) and adding Subsections (b-1) and (b-2) to read as follows:

(b) An [~~Except as provided by Subsections (c) and (d), an~~] offense under Subsection (a) is a misdemeanor punishable:

(1) by a fine of not less than $1,000 [~~$100~~] or more than $2,250;

(2) on conviction of an offense involving:

(A) a Class 1 weight violation, by a fine of not less than $750 or more than $1,500;

(B) a Class 2 weight violation, by a fine of not less than $1,500 or more than $3,000;

(D) a Class 4 weight violation, by a fine of not less than $7,500 or more than $15,000;

(3) on conviction, before the first anniversary of the date of a previous conviction under this section, of a second offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $1,000 or more than $2,000;

(B) a Class 2 weight violation, by a fine of not less than $2,500 or more than $4,500;

(D) a Class 4 weight violation, by a fine of not less than $9,250 or more than $18,000;

(4) on conviction, before the first anniversary of a previous conviction under this section, of a third offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $2,500 or more than $3,750;

(B) a Class 2 weight violation, by a fine of not less than $4,000 or more than $5,500;

(D) a Class 4 weight violation, by a fine of not less than $12,500 or more than $22,000; and

(5) on conviction, after the first anniversary of a previous conviction under this section, of a subsequent offense under this section involving:

(A) a Class 1 weight violation, by a fine of not less than $850 or more than $1,750;

(B) a Class 2 weight violation, by a fine of not less than $1,750 or more than $3,250;

(D) a Class 4 weight violation, by a fine of not less than $7,750 or more than $16,000 [~~$150~~].

(b-2) In this section:

(1) a vehicle having a single axle weight or tandem axle weight that is more than the vehicle's allowable weight is:

(A) a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds; and

(B) a Class 2 weight violation, if the excess weight is more than 5,000 pounds; and

(2) a vehicle having a gross weight that is more than the vehicle's allowable weight is:

(A) a Class 1 weight violation, if the excess weight is more than 2,500 pounds but not more than 5,000 pounds;

(B) a Class 2 weight violation, if the excess weight is more than 5,000 pounds but not more than 10,000 pounds;

(D) a Class 4 weight violation, if the excess weight is more than 20,000 pounds.

(c) A violation of this section is subject to administrative enforcement under Subchapter N, Chapter 623. [~~An offense under Subsection (a) is a misdemeanor and, except as provided by Subsection (d), is punishable by a fine of:~~

[(1) not less than $300 or more than $500 if the offense involves a vehicle having a gross weight that is heavier than 5,000 but not heavier than 10,000 pounds over the vehicle's allowable gross weight; or

[~~(2) not less than $500 or more than $1,000 if the offense involves a vehicle having a gross weight that is at least 10,000 pounds heavier than the vehicle's allowable gross weight.~~]

(e) A governmental entity collecting a fine under this section [~~Subsection (c)~~] shall send an amount equal to 50 percent of the fine to the comptroller.

(f) A justice of the peace has jurisdiction of any offense under this section. A municipal court has jurisdiction of an offense under this section in which the fine does not exceed $10,000 [~~$500~~]. A county or district court has jurisdiction of an offense under this section in which the fine exceeds $10,000.

No equivalent provision.

SECTION 7. Section 623.082(b), Transportation Code, is amended to read as follows:

(b) Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable:

(1) by a fine of not more than $1,500 [~~$200~~];

(2) on conviction before the first anniversary of [~~within one year after~~] the date of a previous [~~prior~~] conviction under this section [~~that was punishable under Subdivision (1)~~], by a fine of not more than $2,500 [~~$500~~], by confinement in the county jail for not more than 60 days, or by both the fine and the confinement; [or]

(3) on conviction of a third offense before the first anniversary of the date of a previous conviction under Subdivision (1), by a fine of not more than $3,500; or

(4) on conviction of an offense after the first anniversary of [~~within one year after~~] the date of a previous [~~prior~~] conviction under this section that was punishable under Subdivision (1) [~~(2) or this subdivision~~], by a fine of not less [~~more~~] than $2,000 [~~$1,000~~], by confinement in the county jail for not more than 30 days [~~six months~~], or by both the fine and the confinement.

No equivalent provision.

SECTION 8. Section 623.271, Transportation Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), the [~~The~~] department may investigate and, except as provided by Subsection (f), may impose an administrative penalty or revoke an oversize or overweight permit issued under this chapter if the person or the holder of the permit, as applicable:

(1) provides false information on the permit application or another form required by the department for the issuance of an oversize or overweight permit;

(2) violates this chapter, Chapter 621, or Chapter 622;

(3) violates a rule or order adopted under this chapter, Chapter 621, or Chapter 622; or

(4) fails to obtain an oversize or overweight permit if a permit is required.

(a-1) The department may not revoke an oversize or overweight permit issued under Subchapter D for a violation of Section 623.082 unless the holder of the permit is convicted before the first anniversary of the date of a previous conviction under Section 623.082(b)(1) of three or more offenses under that section.

SECTION 4. Section 623.272, Transportation Code, is amended by adding Subsection (d) to read as follows:

SECTION 9. Section 623.272, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d) If the department imposes an administrative penalty on a shipper under this section, the department shall assess, in addition to the penalty, a law enforcement fee in the amount of $5,000 against the shipper. A fee collected under this subsection shall be remitted to the comptroller for deposit in a special account in the general revenue fund and may be appropriated only to the Department of Public Safety for commercial vehicle enforcement. This subsection does not apply to an administrative penalty imposed on a shipper of gasoline, diesel fuel, or aviation fuel, as those terms are defined by Section 162.001, Tax Code.

SECTION 5. Sections 621.503(b) and (c), Transportation Code, are repealed.

No equivalent provision.

SECTION 10. Section 623.019(d), Transportation Code, is repealed.

SECTION 6. (a) The changes in law made by this Act apply only to a violation that occurs or an offense committed on or after the effective date of this Act. A violation that occurs or an offense committed before the effective date of this Act is governed by the law in effect on the date the violation occurred or the offense was committed, and the former law is continued in effect for that purpose.

(b) For purposes of Subsection (a) of this section, a violation occurred or an offense was committed before the effective date of this Act if any element of the violation or offense occurred before that date.

SECTION 11. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 7. This Act takes effect September 1, 2013.

SECTION 12. Same as introduced version.