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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 for certain offenses and |
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violations related to vehicle weight limits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.506, Transportation Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) In addition to a fine assessed under Subsection (b), a |
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court shall assess a law enforcement fee in the amount of $500 |
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against a person who commits an offense under this section. A fee |
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collected under this subsection shall be remitted to the |
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comptroller for deposit in the general revenue fund and may be |
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appropriated only for law enforcement purposes. |
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SECTION 2. 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 GROSS WEIGHT OR AXLE WEIGHT. It is an |
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affirmative defense to prosecution of, or an action under |
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Subchapter F for, the offense of operating a vehicle with: |
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(1) a gross weight heavier than the gross weight |
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authorized by law that at the time of the offense the vehicle: |
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(A) had a gross weight that was not heavier than |
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the gross weight authorized by law plus five percent; |
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(B) was loaded with timber, pulp wood, wood |
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chips, or cotton, livestock, or other agricultural products that |
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are: |
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(i) in their natural state; and |
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(ii) 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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(C) was not being operated on a portion of the |
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national system of interstate and defense highways; or |
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(2) a single axle weight or tandem axle weight heavier |
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than the axle weight authorized by law that at the time of the |
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offense the vehicle: |
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(A) [(1)] had a single axle weight or tandem axle |
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weight that was not heavier than the axle weight authorized by law |
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plus five [12] percent; |
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(B) [(2)] was loaded with timber, pulp wood, wood |
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chips, or cotton, livestock, or other agricultural products that |
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are: |
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(i) [(A)] in their natural state; and |
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(ii) [(B)] being transported from the place |
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of production to the place of first marketing or first processing; |
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and |
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(C) [(3)] was not being operated on a portion of |
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the national system of interstate and defense highways. |
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SECTION 3. Subchapter G, Chapter 621, Transportation Code, |
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is amended by adding Section 621.510 to read as follows: |
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Sec. 621.510. LAW ENFORCEMENT FEE. (a) The department |
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shall assess a law enforcement fee against a person convicted of an |
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offense under Section 621.502(a)(2) or 621.506(a)(1) in the amount |
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of $1 per each pound the vehicle or combination of vehicles is |
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heavier than, as appropriate: |
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(1) the single axle weight or tandem axle weight |
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authorized by law plus five percent; or |
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(2) the gross weight authorized by law plus five |
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percent. |
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(b) A fee collected under this section shall be remitted to |
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the comptroller for deposit in the general revenue fund. Fifty |
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percent of the fees deposited under this section must be |
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appropriated for law enforcement purposes, and the remainder must |
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be appropriated to the department for the purposes of road |
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maintenance. |
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SECTION 4. Section 623.272, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) If the department imposes an administrative penalty on a |
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shipper under this section, the department shall assess, in |
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addition to the penalty, a law enforcement fee in the amount of |
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$5,000 against the shipper. A fee collected under this subsection |
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shall be remitted to the comptroller for deposit in the general |
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revenue fund and may be appropriated only for law enforcement |
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purposes. |
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SECTION 5. Sections 621.503(b) and (c), Transportation |
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Code, are repealed. |
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SECTION 6. (a) The changes in law made by this Act apply |
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only to a violation that occurs or an offense committed on or after |
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the effective date of this Act. A violation that occurs or an |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the violation occurred or the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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(b) For purposes of Subsection (a) of this section, a |
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violation occurred or an offense was committed before the effective |
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date of this Act if any element of the violation or offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |