81R10511 SLB-F By: Gonzalez Toureilles H.B. No. 3143 A BILL TO BE ENTITLED AN ACT relating to weight limits on a vehicle loaded with certain agricultural products. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 621.508, Transportation Code, is amended to read as follows: Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER MAXIMUM ALLOWABLE [AXLE] WEIGHT. It is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a gross weight, single axle weight, or tandem axle weight heavier than the [axle] weight authorized by law that at the time of the offense the vehicle: (1) had a gross weight, single axle weight, or tandem axle weight that was not heavier than the [axle] weight authorized by law plus 12 percent; (2) was loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are: (A) in their natural state; and (B) being transported from the place of production to the place of first marketing or first processing; and (3) was not being operated on a portion of the national system of interstate and defense highways. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.