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AN ACT
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relating to liability for certain damage caused by vehicles |
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exceeding maximum height 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. Section 621.207(c), Transportation Code, is |
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amended to read as follows: |
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(c) The owner of a vehicle is strictly liable for any [Any] |
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damage to a bridge, underpass, or similar structure that is caused |
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by the height of the [a] vehicle unless at the time the damage was |
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caused: |
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(1) the vehicle was stolen; |
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(2) the vertical clearance of the structure was less |
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than that posted on the structure; |
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(3) the vehicle was being operated under the immediate |
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direction of a law enforcement agency; or |
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(4) the vehicle was being operated in compliance with |
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a permit authorizing the movement of the vehicle issued by the |
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department or a political subdivision of this state [is the
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responsibility of the owner of the vehicle]. |
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SECTION 2. Section 621.504, Transportation Code, is amended |
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to read as follows: |
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Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE; OFFENSE. (a) |
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A person commits an offense if the person operates [may not operate] |
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or attempts [attempt] to operate a vehicle over or on a bridge or |
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through an underpass or similar structure unless the height of the |
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vehicle, including load, is less than the vertical clearance of the |
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structure as shown by the records of the Texas Department of |
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Transportation. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor. |
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(c) If it is shown on the trial of an offense under this |
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section that the person was not in compliance with all applicable |
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license and permit requirements for the operation of the vehicle, |
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an offense under this section is a Class B misdemeanor punishable |
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by: |
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(1) a fine not to exceed $500; |
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(2) confinement in county jail for a term not to exceed |
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30 days; or |
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(3) both the fine and the confinement. |
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(d) It is an affirmative defense to prosecution of an |
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offense under this section that at the time of the offense: |
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(1) the vertical clearance of the structure was less |
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than that posted on the structure; |
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(2) the vehicle was being operated under the immediate |
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direction of a law enforcement agency; or |
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(3) the vehicle was being operated in compliance with |
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a permit authorizing the movement of the vehicle issued by the |
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department or a political subdivision of this state. |
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SECTION 3. Section 623.148(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 621.207, the [The] owner |
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of a vehicle involved in the movement of an oversize or overweight |
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vehicle, even if a permit has been issued for the movement, is |
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strictly liable for any damage the movement causes the highway |
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system or any of its structures or appurtenances. |
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SECTION 4. Section 623.198(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except as provided by Section 621.207, the [The] owner |
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of a vehicle involved in the movement of an oversize or overweight |
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vehicle, even if a permit has been issued for the movement, is |
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strictly liable for any damage the movement causes the highway |
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system or any of its structures or appurtenances. |
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SECTION 5. Sections 621.207(c), 623.148(b), and |
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623.198(b), Transportation Code, as amended by this Act, apply only |
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to damage that occurs on or after the effective date of this Act. |
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Damage that occurs before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 6. Section 621.504, Transportation Code, as amended |
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by this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense 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 was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |
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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. 799 was passed by the House on April |
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11, 2019, by the following vote: Yeas 143, Nays 3, 2 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. 799 was passed by the Senate on May |
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10, 2019, 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 |