| |
| |
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|
A BILL TO BE ENTITLED
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|
AN ACT
|
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|
relating to the fines for and other enforcement of laws providing |
|
|
for the operation of oversize or overweight vehicles; creating an |
|
|
offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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|
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 |
|
|
(C) extends the overall wheelbase of the vehicle |
|
|
when lowered to the surface of a highway. |
|
|
(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. |
|
|
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 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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $3,500 or more than $7,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $4,500 or more than $8,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $6,000 or more than $9,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $3,700 or more than $7,500; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, if the excess |
|
|
weight is more than 10,000 pounds but not more than 20,000 pounds; |
|
|
and |
|
|
(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 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. |
|
|
(c) An offense under this section is a misdemeanor |
|
|
punishable: |
|
|
(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. |
|
|
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]. |
|
|
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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $3,500 or more than $7,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $4,500 or more than $8,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $6,000 or more than $9,000; or |
|
|
(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; |
|
|
(C) a Class 3 weight violation, by a fine of not |
|
|
less than $3,700 or more than $7,500; or |
|
|
(D) a Class 4 weight violation, by a fine of not |
|
|
less than $7,750 or more than $16,000 [$150]. |
|
|
(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; |
|
|
(C) a Class 3 weight violation, if the excess |
|
|
weight is more than 10,000 pounds but not more than 20,000 pounds; |
|
|
and |
|
|
(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. |
|
|
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. |
|
|
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 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 |
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on a shipper of gasoline, diesel fuel, or aviation fuel, as those |
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terms are defined by Section 162.001, Tax Code. |
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SECTION 10. Section 623.019(d), Transportation Code, is |
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repealed. |
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SECTION 11. The changes in law made by this Act apply 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 12. This Act takes effect September 1, 2013. |