Bill Text: TX SB1671 | 2013-2014 | 83rd Legislature | Engrossed


Bill Title: Relating to the fines for and other enforcement of laws providing for the operation of oversize or overweight vehicles; creating an offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2013-05-07 - Committee report sent to Calendars [SB1671 Detail]

Download: Texas-2013-SB1671-Engrossed.html
 
 
  By: Nichols S.B. No. 1671
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the fines for and other enforcement of laws providing
  for the operation of oversize or overweight vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 621.502, Transportation Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  Intent to operate a vehicle at a weight that is heavier
  than the weight authorized by a permit issued under Chapter 623,
  except for a permit issued under Section 623.011, is presumed if:
               (1)  the vehicle is operated at a weight that is heavier
  than the applicable weight allowed under Chapter 623; and
               (2)  a permit to operate at that weight has not been
  issued for the vehicle.
         SECTION 2.  Section 621.503, Transportation Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (d) to
  read as follows:
         (a)  A person may not load, or cause to be loaded, a vehicle
  for operation on a public highway of this state that exceeds the
  weight limitations for operation of that vehicle provided by
  Section 621.101 or Chapter 623.
         (b)  Intent to violate a limitation is presumed if the weight
  of the loaded vehicle is heavier than the applicable axle or gross
  weight limit by three [15] percent or more.
         (d)  A violation of this section is subject to administrative
  enforcement under Subchapter N, Chapter 623.
         SECTION 3.  Section 621.506, Transportation Code, is amended
  by amending Subsections (a) and (b) and adding Subsections (b-1),
  (b-2), and (i) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  operates a vehicle or combination of vehicles in
  violation of Section 621.101, [622.012,] 622.031, 622.041,
  622.0435, 622.051, 622.061, 622.133, 622.953, or 623.162; or
               (2)  loads a vehicle or causes a vehicle to be loaded in
  violation of Section 621.503.
         (b)  An offense under this section is a misdemeanor
  punishable:
               (1)  by a fine of not less than $500 [$100] and not more
  than $1,250 [$150];
               (2)  on conviction of an offense involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $750 or more than $1,500;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $1,500 or more than $3,000;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $3,500 or more than $7,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $7,500 or more than $15,000 [a vehicle having a single
  axle weight, tandem axle weight, or gross weight that is more than
  5,000 but not more than 10,000 pounds heavier than the vehicle's
  allowable weight, by a fine of not less than $300 or more than
  $500];
               (3)  [on conviction of an offense involving a vehicle
  having a single axle weight, tandem axle weight, or gross weight
  that is more than 10,000 pounds heavier than the vehicle's
  allowable weight, by a fine of not less than $500 or more than
  $1,000; or
               [(4)]  on conviction, before the first anniversary of
  the date of a previous conviction under this section, of a second
  offense under this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $1,000 or more than $2,000;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $2,500 or more than $4,500;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $4,500 or more than $8,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $9,250 or more than $18,000;
               (4)  on conviction, before the first anniversary of the
  date of a previous conviction under this section, of a third offense
  under this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $2,500 or more than $3,750;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $4,000 or more than $5,500;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $6,000 or more than $9,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $12,500 or more than $22,000; and
               (5)  on conviction, after the first anniversary of a
  previous conviction under this section, of a subsequent offense
  under this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $850 or more than $1,750;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $1,750 or more than $3,250;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $3,700 or more than $7,500; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $7,750 or more than $16,000 [by a fine in an amount that is
  twice the amount specified by Subdivision (1), (2), or (3)].
         (b-1)  For purposes of Subsection (b)(3), (4), or (5), a
  previous offense under this section includes any offense under this
  section, regardless of whether the offense involved a weight class
  violation or the same weight class violation.
         (b-2)  In this section, a vehicle having a single axle
  weight, tandem axle weight, or gross weight that is more than the
  vehicle's allowable weight is:
               (1)  a Class 1 weight violation, if the excess weight is
  more than 2,500 pounds but not more than 5,000 pounds;
               (2)  a Class 2 weight violation, if the excess weight is
  more than 5,000 pounds but not more than 10,000 pounds;
               (3)  a Class 3 weight violation, if the excess weight is
  more than 10,000 pounds but not more than 20,000 pounds; and
               (4)  a Class 4 weight violation, if the excess weight is
  more than 20,000 pounds.
         (i)  A violation of this section is subject to administrative
  enforcement under Subchapter N, Chapter 623.
         SECTION 4.  Subchapter G, Chapter 621, Transportation Code,
  is amended by adding Section 621.5061 to read as follows:
         Sec. 621.5061.  OFFENSE OF OPERATING OVERWEIGHT READY-MIXED
  CONCRETE TRUCK; PENALTY; DEFENSE. (a)  In this section,
  "ready-mixed concrete truck" has the meaning assigned by Section
  622.011.
         (b)  A person commits an offense if the person operates a
  ready-mixed concrete truck in violation of Section 622.012.
         (c)  An offense under this section is a misdemeanor
  punishable:
               (1)  by a fine of not less than $100 and not more than
  $150;
               (2)  on conviction of an offense involving a vehicle
  having a single axle weight, tandem axle weight, or gross weight
  that is more than 5,000 pounds but not more than 10,000 pounds
  heavier than the vehicle's allowable weight, by a fine of not less
  than $300 or more than $500;
               (3)  on conviction of an offense involving a vehicle
  having a single axle weight, tandem axle weight, or gross weight
  that is more than 10,000 pounds heavier than the vehicle's
  allowable weight, by a fine of not less than $500 or more than
  $1,000; or
               (4)  on conviction before the first anniversary of the
  date of a previous conviction under this section, by a fine in an
  amount that is twice the amount specified by Subdivision (1), (2),
  or (3).
         (d)  On conviction of a violation of an axle weight
  limitation, the court may assess a fine less than the applicable
  minimum amount prescribed by Subsection (c) if the court finds that
  when the violation occurred:
               (1)  the vehicle was registered to carry the maximum
  gross weight authorized for that vehicle under Section 622.012; and
               (2)  the gross weight of the vehicle did not exceed that
  maximum gross weight.
         (e)  A judge or justice shall promptly report to the
  Department of Public Safety each conviction obtained in the judge's
  or the justice's court under this section. The Department of Public
  Safety shall keep a record of each conviction reported to it under
  this subsection.
         (f)  If a corporation fails to pay the fine assessed on
  conviction of an offense under this section, the district or county
  attorney in the county in which the conviction occurs may file suit
  against the corporation to collect the fine.
         (g)  A justice or municipal court has jurisdiction of an
  offense under this section.
         (h)  Except as provided by Subsection (i), a governmental
  entity that collects a fine under this section for an offense
  involving a vehicle having a single axle weight, tandem axle
  weight, or gross weight that is more than 5,000 pounds heavier than
  the vehicle's allowable weight shall send an amount equal to 50
  percent of the fine to the comptroller in the manner provided by
  Subchapter B, Chapter 133, Local Government Code.
         (i)  If the offense described by Subsection (h) occurred
  within 20 miles of an international border, the entire amount of the
  fine shall be deposited for the purposes of road maintenance in:
               (1)  the municipal treasury, if the fine was imposed by
  a municipal court; or
               (2)  the county treasury, if the fine was imposed by a
  justice court.
         SECTION 5.  Subsection (b), Section 621.507, Transportation
  Code, is amended to read as follows:
         (b)  An offense under this section is a misdemeanor
  punishable:
               (1)  by a fine of:
                     (A)  not less than $500 and not more than $1,250;
  or
                     (B)  $5,000, if the convicted person is a
  corporation [not to exceed $200];
               (2)  on conviction before the first anniversary of the
  date of a previous conviction under this section:
                     (A)  by a fine of not less than $1,500 and not more
  than $3,000 [to exceed $500], by confinement in a county jail for
  not more than 60 days, or by both the fine and confinement; or
                     (B)  if the convicted person is a corporation, by
  a fine of $8,000 [not to exceed $1,000]; or
               (3)  on a conviction after [before] the first
  anniversary of the date of a previous conviction under this section
  that was punishable under Subdivision (1) [(2) or this
  subdivision]:
                     (A)  by a fine of not less than $750 and not more
  than $1,500 [to exceed $1,000], by confinement in the county jail
  for not more than 30 days [six months], or by both the fine and
  confinement; or
                     (B)  if the convicted person is a corporation, by
  a fine not to exceed $6,500 [$2,000].
         SECTION 6.  Section 623.019, Transportation Code, is amended
  by amending Subsections (b), (c), (e), and (f) and adding
  Subsections (b-1) and (b-2) to read as follows:
         (b)  An [Except as provided by Subsections (c) and (d), an]
  offense under Subsection (a) is a misdemeanor punishable:
               (1)  by a fine of not less than $1,000 [$100] or more
  than $2,250;
               (2)  on conviction of an offense involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $750 or more than $1,500;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $1,500 or more than $3,000;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $3,500 or more than $7,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $7,500 or more than $15,000;
               (3)  on conviction, before the first anniversary of the
  date of a previous conviction under this section, of a second
  offense under this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $1,000 or more than $2,000;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $2,500 or more than $4,500;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $4,500 or more than $8,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $9,250 or more than $18,000;
               (4)  on conviction, before the first anniversary of a
  previous conviction under this section, of a third offense under
  this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $2,500 or more than $3,750;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $4,000 or more than $5,500;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $6,000 or more than $9,000; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $12,500 or more than $22,000; and
               (5)  on conviction, after the first anniversary of a
  previous conviction under this section, of a subsequent offense
  under this section involving:
                     (A)  a Class 1 weight violation, by a fine of not
  less than $850 or more than $1,750;
                     (B)  a Class 2 weight violation, by a fine of not
  less than $1,750 or more than $3,250;
                     (C)  a Class 3 weight violation, by a fine of not
  less than $3,700 or more than $7,500; or
                     (D)  a Class 4 weight violation, by a fine of not
  less than $7,750 or more than $16,000 [$150].
         (b-1)  For purposes of Subsection (b)(3), (4), or (5), a
  previous offense under this section includes any offense under this
  section, regardless of whether the offense involved a weight class
  violation or the same weight class violation.
         (b-2)  In this section, a vehicle having a single axle
  weight, tandem axle weight, or gross weight that is more than the
  vehicle's allowable weight is:
               (1)  a Class 1 weight violation, if the excess weight is
  more than 2,500 pounds but not more than 5,000 pounds;
               (2)  a Class 2 weight violation, if the excess weight is
  more than 5,000 pounds but not more than 10,000 pounds;
               (3)  a Class 3 weight violation, if the excess weight is
  more than 10,000 pounds but not more than 20,000 pounds; and
               (4)  a Class 4 weight violation, if the excess weight is
  more than 20,000 pounds.
         (c)  A violation of this section is subject to administrative
  enforcement under Subchapter N.  [An offense under Subsection (a)
  is a misdemeanor and, except as provided by Subsection (d), is
  punishable by a fine of:
               [(1)     not less than $300 or more than $500 if the
  offense involves a vehicle having a gross weight that is heavier
  than 5,000 but not heavier than 10,000 pounds over the vehicle's
  allowable gross weight; or
               [(2)     not less than $500 or more than $1,000 if the
  offense involves a vehicle having a gross weight that is at least
  10,000 pounds heavier than the vehicle's allowable gross weight.]
         (e)  A governmental entity collecting a fine under this
  section [Subsection (c)] shall send an amount equal to 50 percent of
  the fine to the comptroller.
         (f)  A justice of the peace has jurisdiction of any offense
  under this section. A municipal court has jurisdiction of an
  offense under this section in which the fine does not exceed $10,000
  [$500]. A county or district court has jurisdiction of an offense
  under this section in which the fine exceeds $10,000.
         SECTION 7.  Subsection (b), Section 623.082, Transportation
  Code, is amended to read as follows:
         (b)  Except as provided by Subsection (c), an offense under
  this section is a misdemeanor punishable:
               (1)  by a fine of not more than $1,500 [$200];
               (2)  on conviction before the first anniversary of 
  [within one year after] the date of a previous [prior] conviction
  under this section [that was punishable under Subdivision (1)], by
  a fine of not more than $2,500 [$500], by confinement in the county
  jail for not more than 60 days, or by both the fine and the
  confinement; [or]
               (3)  on conviction of a third offense before the first
  anniversary of the date of a previous conviction under Subdivision
  (1), by a fine of not more than $3,500; or
               (4)  on conviction of an offense after the first
  anniversary of [within one year after] the date of a previous 
  [prior] conviction under this section that was punishable under
  Subdivision (1) [(2) or this subdivision], by a fine of not less
  [more] than $2,000 [$1,000], by confinement in the county jail for
  not more than 30 days [six months], or by both the fine and the
  confinement.
         SECTION 8.  Section 623.271, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as provided by Subsection (a-1), the [The]
  department may investigate and, except as provided by Subsection
  (f), may impose an administrative penalty or revoke an oversize or
  overweight permit issued under this chapter if the person or the
  holder of the permit, as applicable:
               (1)  provides false information on the permit
  application or another form required by the department for the
  issuance of an oversize or overweight permit;
               (2)  violates this chapter, Chapter 621, or Chapter
  622;
               (3)  violates a rule or order adopted under this
  chapter, Chapter 621, or Chapter 622; or
               (4)  fails to obtain an oversize or overweight permit
  if a permit is required.
         (a-1)  The department may not revoke an oversize or
  overweight permit issued under Subchapter D for a violation of
  Section 623.082 unless the holder of the permit is convicted before
  the first anniversary of the date of a previous conviction under
  Section 623.082(b)(1) of three or more offenses under that section.
         SECTION 9.  Section 623.272, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  If the department imposes an administrative penalty on a
  shipper under this section, the department shall assess, in
  addition to the penalty, a law enforcement fee in the amount of
  $5,000 against the shipper. A fee collected under this subsection
  shall be remitted to the comptroller for deposit in the general
  revenue fund and may be appropriated only for law enforcement
  purposes.
         SECTION 10.  Subsection (d), Section 623.019,
  Transportation Code, is repealed.
         SECTION 11.  The changes in law made by this Act apply 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 12.  This Act takes effect September 1, 2013.
feedback