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By: Birdwell |
S.B. No. 2200 |
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(In the Senate - Filed March 11, 2025; March 24, 2025, read |
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first time and referred to Committee on Border Security; |
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April 14, 2025, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 5, Nays 0; April 14, 2025, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 2200 |
By: Birdwell |
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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the operation or movement of certain |
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overweight vehicles transporting hazardous materials under certain |
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circumstances; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 621, Transportation Code, |
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is amended by adding Section 621.512 to read as follows: |
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Sec. 621.512. OPERATION OR MOVEMENT OF CERTAIN OVERWEIGHT |
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VEHICLES TRANSPORTING HAZARDOUS MATERIALS PROHIBITED UNDER CERTAIN |
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CIRCUMSTANCES. (a) A person commits an offense if the person |
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operates or moves an overweight vehicle described by Subsection (b) |
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on a public highway: |
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(1) that is not included in the route designated under |
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the permit under which the vehicle is operating; or |
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(2) without a permit authorizing the movement of the |
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vehicle and the vehicle exceeds the maximum gross weight authorized |
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for the vehicle by at least five percent. |
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(b) Subsection (a) applies only to an overweight vehicle |
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with three axles that is transporting in a cargo tank hazardous |
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materials in a quantity requiring placarding by a regulation issued |
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under the Hazardous Materials Transportation Act (49 U.S.C. Section |
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5101 et seq.). |
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(c) An offense under this section is a felony of the second |
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degree. |
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(d) It is an affirmative defense to prosecution of an |
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offense under this section that, at the time of the offense, the |
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vehicle was being operated or moved under the immediate direction |
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of a law enforcement agency. |
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(e) It is an affirmative defense to prosecution of an |
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offense under Subsection (a)(1) that, at the time of the offense, |
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the vehicle was being operated or moved in compliance with a permit |
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authorizing the movement of the vehicle issued by the department or |
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a political subdivision of this state. |
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SECTION 2. This Act takes effect September 1, 2025. |
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