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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle size and weight limitations, including |
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the enforcement of those limitations; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 621.503, Transportation |
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Code, is amended to read as follows: |
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Sec. 621.503. PROHIBITION OF LOADING MORE THAN SIZE OR |
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WEIGHT LIMITATION. |
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SECTION 2. Sections 621.503(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A person may not load, or cause to be loaded, a vehicle |
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for operation on a public highway of this state that exceeds the |
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height, width, length, or weight limitations for operation of that |
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vehicle provided by this subtitle [Section 621.101]. |
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(b) Intent to violate a weight limitation is presumed if the |
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weight of the loaded vehicle is heavier than the applicable axle or |
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gross weight limit by 15 percent or more. |
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SECTION 3. Subchapter G, Chapter 621, Transportation Code, |
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is amended by adding Section 621.511 to read as follows: |
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Sec. 621.511. NAME ON PERMIT; OFFENSE. (a) A person |
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commits an offense if: |
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(1) the person operates or moves on a public highway a |
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vehicle that is issued a permit under this subtitle; and |
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(2) the person operating or moving the vehicle is not |
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the person named on the permit for the vehicle. |
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(b) An offense under this section is a Class C misdemeanor. |
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SECTION 4. Subchapter A, Chapter 623, Transportation Code, |
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is amended by adding Sections 623.004 and 623.005 to read as |
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follows: |
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Sec. 623.004. DENIAL OF PERMIT: OUT-OF-SERVICE MOTOR |
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CARRIER. (a) The department may deny an application for a permit |
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under this subtitle submitted by an applicant who is the subject of |
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an out-of-service order issued by the Federal Motor Carrier Safety |
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Administration. |
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(b) A denial of an application for a permit under this |
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section is not required to be preceded by notice and an opportunity |
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for hearing. |
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(c) An applicant may appeal a denial under this section by |
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filing an appeal with the department not later than the 26th day |
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after the date the department issues notice of the denial to the |
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applicant. |
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Sec. 623.005. DISPOSITION OF PERMIT FEE IN TEXAS DEPARTMENT |
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OF MOTOR VEHICLES FUND. (a) This section applies only to a permit |
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authorized by the legislature on or after September 1, 2017. |
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(b) Ten percent of the fee collected for a permit issued by |
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the department under this subtitle shall be deposited to the credit |
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of the Texas Department of Motor Vehicles fund with the remaining |
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fee distribution to be adjusted proportionately, if needed. |
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(c) Subsection (b) does not apply if a provision of this |
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subtitle expressly requires a different amount of a fee collected |
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to be deposited to the credit of the Texas Department of Motor |
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Vehicles fund. |
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SECTION 5. The heading to Section 623.272, Transportation |
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Code, is amended to read as follows: |
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Sec. 623.272. ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE |
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CERTIFICATE OR FOR FALSE INFORMATION ON CERTIFICATE. |
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SECTION 6. Section 623.272(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department may investigate and impose an |
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administrative penalty on a shipper who: |
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(1) does not provide a shipper's certificate of weight |
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required under Section 623.274(b); or |
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(2) provides false information on a shipper's |
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certificate of weight that the shipper delivers to a person |
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transporting a shipment. |
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SECTION 7. Section 623.274, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) On the written request of the person transporting the |
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shipment, a [For a shipper's certificate of weight to be valid, the] |
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shipper must: |
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(1) certify that the information contained on the |
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certificate of weight [form] is accurate; and |
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(2) deliver the certificate of weight to the person |
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transporting the shipment [motor carrier or other person
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transporting the shipment before the motor carrier or other person
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applies for an overweight permit under this chapter]. |
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(c) A person transporting a shipment must provide the |
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department with a copy of the certificate of weight before the |
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issuance of an overweight permit under this chapter if the combined |
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weight of the vehicle or vehicles and load is more than 200,000 |
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pounds. |
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SECTION 8. (a) The changes in law made by this Act apply |
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only to an offense or violation committed on or after the effective |
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date of this Act. An offense or violation committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense or violation was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense or violation was committed before the effective date of |
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this Act if any element of the offense or violation occurred before |
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that date. |
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(b) The change in law made by this Act relating to an |
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application filed under Chapter 623, Transportation Code, applies |
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only to an application filed under that chapter on or after the |
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effective date of this Act. An application filed before that date |
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is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2017. |