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A BILL TO BE ENTITLED
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AN ACT
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relating to transporting an unsecured load; creating a criminal |
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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 Chapter 725, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 725. TRANSPORTATION OF UNSECURED LOAD [LOOSE MATERIALS] |
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SECTION 2. Section 725.001(1), Transportation Code, is |
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amended to read as follows: |
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(1) "Load" means any object placed on a vehicle for |
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transportation [a load of loose material]. |
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SECTION 3. Section 725.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 725.002. APPLICABILITY. (a) Except as provided by |
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this section, this [This] chapter applies to any motor vehicle, |
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trailer, or semitrailer operated on a public highway. |
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(b) This chapter does not apply to: |
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(1) [except] a vehicle or construction or mining |
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equipment that is: |
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(A) [(1)] moving between construction barricades |
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on a public works project; or |
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(B) [(2)] crossing a public highway; |
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(2) an agricultural product in its natural state that |
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is loaded or contained on a vehicle manufactured specifically to |
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transport the product; or |
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(3) a commercial motor vehicle as defined by Section |
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644.001 in intrastate or interstate commerce that is regulated by |
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49 C.F.R. Sections 392.9 and 393.100-136, unless a peace officer |
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not certified under Section 644.101: |
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(A) witnesses the load is unsecured and poses an |
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imminent hazard to other users of a highway; or |
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(B) is conducting an investigation as the result |
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of the load falling from a vehicle. |
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SECTION 4. Section 725.003, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) A person or the person's agent or employee may not |
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transport a load [loose material] in violation of this chapter. |
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(b-1) A person commits an offense if the person operates a |
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vehicle and a load: |
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(1) falls from the vehicle onto the roadway; or |
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(2) is positioned on the vehicle in a manner to create |
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an imminent hazard while the vehicle is in operation on a public |
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street or highway. |
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SECTION 5. The heading to Subchapter B, Chapter 725, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOAD [LOOSE MATERIALS] |
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SECTION 6. Subchapter B, Chapter 725, Transportation Code, |
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is amended by adding Section 725.0201 to read as follows: |
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Sec. 725.0201. CONTAINING LOAD GENERALLY. A vehicle |
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subject to this chapter shall be operated to prevent a load from |
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becoming loose, detached, or in any manner a hazard to other users |
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of a public street or highway. |
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SECTION 7. Sections 725.021(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) A vehicle bed carrying a load of loose material: |
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(1) may not have a hole, crack, or other opening |
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through which loose material can escape; and |
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(2) shall be enclosed: |
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(A) on both sides by side panels; |
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(B) on the front by a panel or the vehicle cab; |
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and |
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(C) on the rear by a tailgate or panel. |
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(c) Except as provided by Subsection (e), the load of loose |
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material shall be covered and the covering firmly secured at the |
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front and back, unless the load: |
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(1) is completely enclosed by the load-carrying |
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compartment; or |
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(2) does not blow from or spill over the top of the |
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load-carrying compartment. |
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SECTION 8. This Act takes effect July 1, 2025, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary to take effect on |
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that date, this Act takes effect September 1, 2025. |