| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the fines for and other enforcement of laws providing |
|
|
for the operation of oversize or overweight vehicles. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 622.017, Transportation Code, as amended |
|
|
by Chapter 942 (S.B. 889), Acts of the 77th Legislature, Regular |
|
|
Session, 2001, and repealed by Chapter 941 (S.B. 886), Acts of the |
|
|
77th Legislature, Regular Session, 2001, is reenacted and amended |
|
|
to read as follows: |
|
|
Sec. 622.017. PENALTY. [(d)] A person commits an offense if |
|
|
the person fails in violation of Section 622.013(c) to carry or |
|
|
present the copy of the bond filed with the department. An offense |
|
|
under this section [subsection] is a misdemeanor punishable by a |
|
|
fine not to exceed $1,000 [$200]. |
|
|
SECTION 2. Subchapter C, Chapter 622, Transportation Code, |
|
|
is amended by adding Section 622.033 to read as follows: |
|
|
Sec. 622.033. PENALTIES. (a) A person commits an offense if |
|
|
the person violates Section 622.031. Except as provided by |
|
|
Subsections (b) and (c), an offense under this section is a |
|
|
misdemeanor punishable by a fine of not more than $1,000. |
|
|
(b) If it is shown at the trial of the offense that the |
|
|
defendant was previously convicted of an offense under Subsection |
|
|
(a) not earlier than one year before the trial date, the offense is |
|
|
a misdemeanor punishable by a fine of not more than $2,500. |
|
|
(c) If it is shown at the trial of the offense that the |
|
|
defendant was previously convicted of an offense punishable under |
|
|
this subsection or Subsection (b) not earlier than one year before |
|
|
the trial date, the offense is a misdemeanor punishable by a fine of |
|
|
not more than $1,750. |
|
|
SECTION 3. Section 622.072(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(c) An offense under this section is a misdemeanor |
|
|
punishable by a fine of not less than $50 [$10] or more than $200 |
|
|
[$100] for each unit. |
|
|
SECTION 4. Sections 622.073(b) and (c), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(b) Except as provided by Subsection (c), an offense under |
|
|
this section is a misdemeanor punishable by a fine of not less than |
|
|
$200 [$25] or more than $750 [$200]. |
|
|
(c) An offense under this section is a misdemeanor |
|
|
punishable by a fine of not less than $700 [$200] or more than |
|
|
$1,500 [$500], confinement in the county jail for a term of not less |
|
|
than 60 days or more than 180 days, or both the fine and the |
|
|
confinement if: |
|
|
(1) the person committing the offense fails or refuses |
|
|
to exhibit, on demand of a peace officer, a document that contains: |
|
|
(A) the name, address, and telephone number of |
|
|
the owner of the unit of special mobile equipment; |
|
|
(B) the place of origin of the unit, including |
|
|
the address of and telephone number at that point and the date the |
|
|
unit was picked up; |
|
|
(C) the destination of the unit, including the |
|
|
address or telephone number; |
|
|
(D) a description of the unit being transported, |
|
|
including the manufacturer's serial number and other |
|
|
identification numbers; |
|
|
(E) a description of the motor vehicle |
|
|
transporting the unit; and |
|
|
(F) the name, address, and telephone number of |
|
|
the person operating the motor vehicle transporting the unit; |
|
|
(2) the person committing the offense exhibits a false |
|
|
or forged document purporting to contain the information described |
|
|
by Subdivision (1); or |
|
|
(3) on inspection by the peace officer, the peace |
|
|
officer determines that the identification number of the unit of |
|
|
special mobile equipment has been removed, covered, or altered. |
|
|
SECTION 5. Section 622.136, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 622.136. PENALTY. (a) A person commits an offense if |
|
|
the person fails in violation of Section 622.134(d) to carry or |
|
|
present the copy of the bond filed with the department. Except as |
|
|
provided by Subsections (b) and (c), an [An] offense under this |
|
|
section is a misdemeanor punishable by a fine not to exceed $1,000 |
|
|
[$200]. |
|
|
(b) If it is shown at the trial of the offense that the |
|
|
defendant was previously convicted of an offense under Subsection |
|
|
(a) not earlier than one year before the trial date, the offense is |
|
|
a misdemeanor punishable by a fine of not more than $2,500. |
|
|
(c) If it is shown at the trial of the offense that the |
|
|
defendant was previously convicted of an offense punishable under |
|
|
this subsection or Subsection (b) not earlier than one year before |
|
|
the trial date, the offense is a misdemeanor punishable by a fine of |
|
|
not more than $1,750. |
|
|
SECTION 6. Section 623.011(f), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(f) A person commits an offense if the person fails to |
|
|
display the sticker in the manner required by Subsection (d). An |
|
|
offense under this subsection is a [Class C] misdemeanor punishable |
|
|
by a fine of not less than $250 or more than $400. Section |
|
|
623.019(g) applies to an offense under this subsection. |
|
|
SECTION 7. Sections 623.019(b), (c), (d), and (f), |
|
|
Transportation Code, are amended to read as follows: |
|
|
(b) Except as provided by Subsections (c) and (d), an |
|
|
offense under Subsection (a) is a misdemeanor punishable by a fine |
|
|
of not less than $2,500 [$100] or more than $5,000 [$150]. |
|
|
(c) 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 $500 [$300] or more than $750 [$500] |
|
|
if the offense involves a vehicle having a gross weight that is |
|
|
heavier than 1,000 [5,000] but not heavier than 5,000 [10,000] |
|
|
pounds over the vehicle's allowable gross weight; [or] |
|
|
(2) not less than $1,000 or more than $2,500 if the |
|
|
offense involves a vehicle having a gross weight that is heavier |
|
|
than 5,000 pounds but not heavier than 10,000 pounds over the |
|
|
vehicle's allowable gross weight; |
|
|
(3) not less than $3,000 or more than $5,000 if the |
|
|
offense involves a vehicle having a gross weight that is heavier |
|
|
than 10,000 pounds but not heavier than 20,000 pounds over the |
|
|
vehicle's allowable gross weight; or |
|
|
(4) not less than $10,000 [$500] or more than $25,000 |
|
|
[$1,000] if the offense involves a vehicle having a gross weight |
|
|
that is heavier than 20,000 [at least 10,000] pounds over [heavier
|
|
|
than] the vehicle's allowable gross weight. |
|
|
(d) Except as otherwise provided by this section, on [On] |
|
|
conviction before the first anniversary of the date of a previous |
|
|
conviction under Subsection (a), an offense is punishable by a fine |
|
|
in an amount that is twice the amount specified by Subsection (c). |
|
|
On a second or subsequent conviction before the first anniversary |
|
|
of the date of a previous conviction under Subsection (a), an |
|
|
offense is punishable by a fine in an amount that is three times the |
|
|
amount specified by Subsection (c) and forfeiture of the permit. |
|
|
(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 $500. |
|
|
A county or district court has jurisdiction of an offense under this |
|
|
section in which the fine exceeds $10,000. |
|
|
SECTION 8. 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 $2,500 [$200]; |
|
|
(2) on conviction within one year after the date of a |
|
|
prior conviction under this section that was punishable under |
|
|
Subdivision (1), by a fine of not more than $5,000 [$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 within one year after the date of a |
|
|
prior conviction under this section that was punishable under |
|
|
Subdivision (2) or this subdivision, by a fine of not more than |
|
|
$4,000 [$1,000], by confinement in the county jail for not more than |
|
|
six months, or by both the fine and the confinement. |
|
|
SECTION 9. Section 623.104(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 [$200] |
|
|
or more than $5,000 [$500] for failure to: |
|
|
(1) obtain a permit; |
|
|
(2) have a required rotating amber beacon on the |
|
|
manufactured house or towing vehicle; |
|
|
(3) provide a required escort flag vehicle; or |
|
|
(4) have the required insurance. |
|
|
SECTION 10. Section 623.105(b), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(b) An offense under this section is a misdemeanor |
|
|
punishable by a fine of $5,000 [$1,000]. |
|
|
SECTION 11. Subchapter G, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.151 to read as follows: |
|
|
Sec. 623.151. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a Class C |
|
|
misdemeanor. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the board or with a |
|
|
condition placed on a permit issued under this subchapter. The |
|
|
civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
a Class C misdemeanor; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 12. Section 623.165, Transportation Code, is |
|
|
amended to read as follows: |
|
|
Sec. 623.165. PENALTY. (a) A person commits an offense if |
|
|
the person fails in violation of Section 623.163(d) to carry or |
|
|
present the copy of the bond filed with the department. An offense |
|
|
under this section is a misdemeanor punishable by a fine not to |
|
|
exceed $2,000 [$200]. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to obtain a bond required by this |
|
|
subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 13. Subchapter J, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.201 to read as follows: |
|
|
Sec. 623.201. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a Class C |
|
|
misdemeanor. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the board or with a |
|
|
condition placed on a permit issued under this subchapter. The |
|
|
civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
a Class C misdemeanor; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 14. Subchapter K, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.220 to read as follows: |
|
|
Sec. 623.220. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a misdemeanor |
|
|
punishable by a fine of not less than $500 or more than $750. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for violation of this subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 15. Subchapter L, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.240 to read as follows: |
|
|
Sec. 623.240. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a misdemeanor |
|
|
punishable by a fine of not less than $500 or more than $750. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the Texas |
|
|
Transportation Commission related to a permit issued under this |
|
|
subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 16. Subchapter M, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.260 to read as follows: |
|
|
Sec. 623.260. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a misdemeanor |
|
|
punishable by a fine of not less than $500 or more than $750. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the Texas |
|
|
Transportation Commission related to a permit issued under this |
|
|
subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 17. Subchapter O, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.289 to read as follows: |
|
|
Sec. 623.289. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a misdemeanor |
|
|
punishable by a fine of not less than $500 or more than $750. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the Texas |
|
|
Transportation Commission related to a permit issued under this |
|
|
subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 18. Subchapter P, Chapter 623, Transportation Code, |
|
|
is amended by adding Section 623.311 to read as follows: |
|
|
Sec. 623.311. CRIMINAL AND CIVIL PENALTIES. (a) A person |
|
|
commits an offense if the person violates a provision of this |
|
|
subchapter. An offense under this subsection is a misdemeanor |
|
|
punishable by a fine of not less than $500 or more than $750. |
|
|
(b) A person convicted of an offense under Subsection (a) |
|
|
may also be assessed a civil penalty of not less than $3,000 or more |
|
|
than $5,000 for failure to comply with a rule of the Texas |
|
|
Transportation Commission related to a permit issued under this |
|
|
subchapter. The civil penalty: |
|
|
(1) may be awarded by a court having jurisdiction over |
|
|
misdemeanors; and |
|
|
(2) shall be paid to the county in which the person was |
|
|
convicted. |
|
|
SECTION 19. 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 20. This Act takes effect September 1, 2013. |