| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on the operation or movement of certain |
|
|
overweight vehicles transporting hazardous materials under certain |
|
|
circumstances; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter G, Chapter 621, Transportation Code, |
|
|
is amended by adding Section 621.512 to read as follows: |
|
|
Sec. 621.512. OPERATION OR MOVEMENT OF CERTAIN OVERWEIGHT |
|
|
VEHICLES TRANSPORTING HAZARDOUS MATERIALS PROHIBITED UNDER CERTAIN |
|
|
CIRCUMSTANCES. (a) A person commits an offense if the person |
|
|
operates or moves an overweight vehicle described by Subsection (b) |
|
|
on a public highway: |
|
|
(1) that is not included in the route designated under |
|
|
the permit under which the vehicle is operating; or |
|
|
(2) without a permit authorizing the movement of the |
|
|
vehicle and the vehicle exceeds the maximum gross weight authorized |
|
|
for the vehicle by at least five percent. |
|
|
(b) Subsection (a) applies only to an overweight vehicle |
|
|
with at least three axles that is transporting in a cargo tank |
|
|
hazardous materials in a quantity requiring placarding by a |
|
|
regulation issued under the Hazardous Materials Transportation Act |
|
|
(49 U.S.C. Section 5101 et seq.). |
|
|
(c) An offense under this section is a felony of the second |
|
|
degree. |
|
|
(d) It is an affirmative defense to prosecution of an |
|
|
offense under this section that, at the time of the offense, the |
|
|
vehicle was being operated or moved under the immediate direction |
|
|
of a law enforcement agency. |
|
|
(e) It is an affirmative defense to prosecution of an |
|
|
offense under Subsection (a)(1) that, at the time of the offense, |
|
|
the vehicle was being operated or moved in compliance with a permit |
|
|
authorizing the movement of the vehicle issued by the department or |
|
|
a political subdivision of this state. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |