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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing the criminal penalty for the operation of |
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overweight vehicles transporting livestock. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 623.019, Transportation Code, is amended |
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by amending Subsections (b) and (c) and adding Subsections (i) and |
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(j) to read as follows: |
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(b) Except as provided by Subsections (c), [and] (d), (i), |
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and (j), an offense under Subsection (a) is a misdemeanor |
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punishable by a fine of not less than $100 or more than $250. |
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(c) An offense under Subsection (a) is a misdemeanor and, |
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except as provided by Subsections [Subsection] (d) and (i), is |
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punishable by a fine according to the following schedules if the |
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offense involves a vehicle: |
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(1) having a single axle weight or tandem axle weight |
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that is heavier than the vehicle's allowable weight: |
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Pounds Overweight |
Fine Range |
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less than 2,500 |
$100 to $500 |
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2,500-5,000 |
$500 to $1,000 |
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more than 5,000 |
$1,000 to $2,500; or |
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(2) having a gross weight that is heavier than the |
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vehicle's allowable gross weight: |
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Pounds Overweight |
Fine Range |
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less than 2,500 |
$100 to $500 |
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2,500-5,000 |
$500 to $1,000 |
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5,001-10,000 |
$1,000 to $2,500 |
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10,001-20,000 |
$2,500 to $5,000 |
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20,001-40,000 |
$5,000 to $7,000 |
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more than 40,000 |
$7,000 to $10,000 |
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(i) An offense under Subsection (a) is a misdemeanor |
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punishable by a fine in an amount not to exceed 50 percent of the |
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fine assessed under Subsection (c) if the offense involves a |
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vehicle originally loaded: |
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(1) proportionally over the axles; |
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(2) primarily with livestock; and |
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(3) five miles or more from an international border |
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crossing. |
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(j) If it is shown on the trial of an offense under |
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Subsection (a) that the defendant has previously been convicted one |
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or more times of an offense punishable under Subsection (i), the |
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offense is punishable by, as applicable: |
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(1) a fine according to the schedules as provided by |
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Subsection (c); or |
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(2) a fine calculated in the manner described by |
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Subsection (d). |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act 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. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |