| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the offense of operating or loading an overweight |
|
|
vehicle. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 621.506, Transportation Code, is amended |
|
|
by adding Subsections (a-1), (d-1), (d-2), and (d-3) and amending |
|
|
Subsections (d) and (e) to read as follows: |
|
|
(a-1) Criminal responsibility for an offense under this |
|
|
section extends, in the manner authorized by Section 7.22, Penal |
|
|
Code, to a corporation, an association, a limited liability |
|
|
company, or another business entity that employs a person who |
|
|
commits an offense under this section during the course and scope of |
|
|
the person's employment. |
|
|
(d) A judge or justice shall promptly report to the |
|
|
department and the Department of Public Safety each conviction |
|
|
obtained in the judge's or the justice's court under this section. |
|
|
The department and the Department of Public Safety shall keep a |
|
|
record of each conviction reported to it under this subsection. |
|
|
(d-1) This subsection applies to a fine assessed on |
|
|
conviction of an offense under this section that is committed by an |
|
|
entity described by Subsection (a-1) or an employee of the entity |
|
|
during the course and scope of the person's employment. If the fine |
|
|
assessed on conviction of an offense is not paid before the 31st day |
|
|
after the date the fine was assessed, the judge or justice of the |
|
|
convicting court shall promptly report to the department: |
|
|
(1) the entity's failure to pay the fine; and |
|
|
(2) if the entity subsequently pays the full amount of |
|
|
a fine reported under Subdivision (1), the entity's payment of the |
|
|
fine. |
|
|
(d-2) The department shall keep a record of each failure to |
|
|
pay and subsequent payment reported to the department under |
|
|
Subsection (d-1). |
|
|
(d-3) The department, under Section 623.271 and subject to |
|
|
the notice and hearing requirements applicable to that section, |
|
|
shall revoke each permit issued under this subtitle to an entity |
|
|
described by Subsection (a-1) if: |
|
|
(1) the department receives notice under Subsection |
|
|
(d-1)(1) of the entity's failure to pay; and |
|
|
(2) at the time the department receives the notice |
|
|
described by Subdivision (1), the entity has not paid the full |
|
|
amount of two or more fines that were previously reported to the |
|
|
department under Subsection (d-1)(1) and at least two of those |
|
|
fines were not assessed for offenses under this section arising |
|
|
from the same criminal episode. |
|
|
(e) If an entity described by Subsection (a-1) [a |
|
|
corporation] fails to pay the fine assessed on conviction of an |
|
|
offense under this section, the district or county attorney in the |
|
|
county in which the conviction occurs may file suit against the |
|
|
entity [corporation] to collect the fine. |
|
|
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2021. |