Bill Text: TX HB799 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to liability for certain damage caused by vehicles exceeding maximum height limitations; creating a criminal offense.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB799 Detail]
Download: Texas-2019-HB799-Enrolled.html
H.B. No. 799 |
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relating to liability for certain damage caused by vehicles | ||
exceeding maximum height limitations; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 621.207(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) The owner of a vehicle is strictly liable for any [ |
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damage to a bridge, underpass, or similar structure that is caused | ||
by the height of the [ |
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caused: | ||
(1) the vehicle was stolen; | ||
(2) the vertical clearance of the structure was less | ||
than that posted on the structure; | ||
(3) the vehicle was being operated under the immediate | ||
direction of a law enforcement agency; or | ||
(4) the vehicle was being operated in compliance with | ||
a permit authorizing the movement of the vehicle issued by the | ||
department or a political subdivision of this state [ |
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SECTION 2. Section 621.504, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE; OFFENSE. (a) | ||
A person commits an offense if the person operates [ |
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or attempts [ |
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through an underpass or similar structure unless the height of the | ||
vehicle, including load, is less than the vertical clearance of the | ||
structure as shown by the records of the Texas Department of | ||
Transportation. | ||
(b) Except as provided by Subsection (c), an offense under | ||
this section is a Class C misdemeanor. | ||
(c) If it is shown on the trial of an offense under this | ||
section that the person was not in compliance with all applicable | ||
license and permit requirements for the operation of the vehicle, | ||
an offense under this section is a Class B misdemeanor punishable | ||
by: | ||
(1) a fine not to exceed $500; | ||
(2) confinement in county jail for a term not to exceed | ||
30 days; or | ||
(3) both the fine and the confinement. | ||
(d) It is an affirmative defense to prosecution of an | ||
offense under this section that at the time of the offense: | ||
(1) the vertical clearance of the structure was less | ||
than that posted on the structure; | ||
(2) the vehicle was being operated under the immediate | ||
direction of a law enforcement agency; or | ||
(3) the vehicle was being operated in compliance with | ||
a permit authorizing the movement of the vehicle issued by the | ||
department or a political subdivision of this state. | ||
SECTION 3. Section 623.148(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 621.207, the [ |
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of a vehicle involved in the movement of an oversize or overweight | ||
vehicle, even if a permit has been issued for the movement, is | ||
strictly liable for any damage the movement causes the highway | ||
system or any of its structures or appurtenances. | ||
SECTION 4. Section 623.198(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Except as provided by Section 621.207, the [ |
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of a vehicle involved in the movement of an oversize or overweight | ||
vehicle, even if a permit has been issued for the movement, is | ||
strictly liable for any damage the movement causes the highway | ||
system or any of its structures or appurtenances. | ||
SECTION 5. Sections 621.207(c), 623.148(b), and | ||
623.198(b), Transportation Code, as amended by this Act, apply only | ||
to damage that occurs on or after the effective date of this Act. | ||
Damage that occurs before the effective date of this Act is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 6. Section 621.504, Transportation Code, as amended | ||
by this Act, applies only to an offense committed on or after the | ||
effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 7. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 799 was passed by the House on April | ||
11, 2019, by the following vote: Yeas 143, Nays 3, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 799 was passed by the Senate on May | ||
10, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |