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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for loading certain |
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overweight vehicles transporting hazardous materials at a weight |
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that exceeds the weight limitations authorized for the vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.506, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (b-4) to read as |
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follows: |
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(b) Except as provided by Subsections (b-1), (b-2), [and] |
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(b-3), and (b-4), an offense under this section is a misdemeanor |
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punishable: |
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(1) by a fine of not less than $100 and not more than |
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$250; |
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(2) on conviction of an offense involving a vehicle |
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having a single axle weight or tandem axle weight that is heavier |
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than the vehicle's allowable weight, by a fine according to the |
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following schedule: |
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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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(3) on conviction of an offense involving a vehicle |
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having a gross weight that is heavier than the vehicle's allowable |
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weight, by a fine according to the following schedule: |
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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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(b-4) Notwithstanding any other provision of this section, |
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an offense under Subsection (a)(2) is a felony of the second degree |
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if the offense involves a vehicle with at least three axles that is |
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transporting fuel or other hazardous materials in a cargo tank, as |
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defined by Section 162.001, Tax Code, and was loaded at a weight |
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that exceeds the weight limitations authorized for the vehicle. |
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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 September 1, 2025. |