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AN ACT
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relating to uniform weighing procedures requirements for motor |
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vehicle weight enforcement officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.402, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The Department of Public Safety: |
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(1) shall establish by rule uniform weighing |
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procedures for weight enforcement officers to ensure an accurate |
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weight is obtained for a motor vehicle; and |
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(2) may revoke or rescind the authority of: |
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(A) a weight enforcement officer who fails to |
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comply with those rules; or |
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(B) weight enforcement officers of a municipal |
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police department, sheriff's department, or constable's office that |
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fails to comply with those rules. |
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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 [AXLE] WEIGHT. (a) It is an affirmative |
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defense to prosecution of, or an action under Subchapter F for, the |
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offense of operating a vehicle with a single axle weight or tandem |
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axle weight heavier than the axle weight authorized by law that at |
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the time of the offense the vehicle: |
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(1) had a single axle weight or tandem axle weight that |
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was not heavier than the axle weight authorized by law plus 12 |
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percent; |
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(2) was loaded with timber, pulp wood, wood chips, or |
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cotton, livestock, or other agricultural products that are: |
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(A) in their natural state; and |
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(B) 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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(3) was not being operated on a portion of the national |
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system of interstate and defense highways. |
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(b) It is an affirmative defense to prosecution of, or an |
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action under Subchapter F for, the offense of operating a vehicle |
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with a single axle weight, tandem axle weight, or gross weight |
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heavier than the weight authorized by law that at the time of the |
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offense the weight enforcement officer failed to follow the |
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weighing procedures established under Section 621.402(e) when |
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determining the weight of the vehicle. |
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SECTION 3. (a) Not later than January 1, 2016, the |
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Department of Public Safety shall adopt rules necessary to |
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implement Section 621.402(e), Transportation Code, as added by this |
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Act. |
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(b) Section 621.508(b), Transportation Code, as added by |
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this Act, applies only to an offense committed on or after the |
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effective date of a rule adopted by the Department of Public Safety |
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under this section. For purposes of this section, an offense was |
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committed before the effective date of a rule adopted by the |
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Department of Public Safety under this section if any element of the |
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offense occurred before that date. |
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(c) An offense committed before the effective date of a rule |
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adopted by the Department of Public Safety under this section 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. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1252 was passed by the House on April |
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13, 2015, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1252 was passed by the Senate on May |
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25, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |