Texas 2009 - 81st Regular

Texas House Bill HB3143 Compare Versions

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1	1	81R23735 SLB-F
2	2	By: Gonzalez Toureilles, Gonzales, Swinford, H.B. No. 3143
3	3	Rios Ybarra
4	4	Substitute the following for H.B. No. 3143:
5	5	By: Swinford C.S.H.B. No. 3143
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to weight limits on a vehicle loaded with certain
11	11	agricultural products.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 621.508, Transportation Code, is amended
14	14	to read as follows:
15	15	Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE
16	16	OVER MAXIMUM ALLOWABLE [AXLE] WEIGHT. (a) It is an affirmative
17	17	defense to prosecution of, or an action under Subchapter F for, the
18	18	offense of operating a vehicle with a gross weight, single axle
19	19	weight, or tandem axle weight heavier than the [axle] weight
20	20	authorized by law that at the time of the offense the vehicle:
21	21	(1) had a gross weight, single axle weight, or tandem
22	22	axle weight that was not heavier than the [axle] weight authorized
23	23	by law plus 12 percent;
24	24	(2) was loaded with timber, pulp wood, wood chips, or
25	25	cotton, livestock, or other agricultural products that are:
26	26	(A) in their natural state; and
27	27	(B) being transported from the place of
28	28	production to the place of first marketing or first processing;
29	29	[and]
30	30	(3) was not being operated on a portion of the national
31	31	system of interstate and defense highways; and
32	32	(4) was either operated under:
33	33	(A) the written consent of the commissioners
34	34	court of the county; or
35	35	(B) the following conditions:
36	36	(i) the owner of the vehicle obtained a
37	37	permit issued under Section 623.011;
38	38	(ii) the owner of the vehicle obtained a
39	39	bond or letter of credit in the amount of $30,000 payable to the
40	40	department and the counties of this state;
41	41	(iii) the owner of the vehicle obtained an
42	42	excess weight permit from the county under Subsection (b); and
43	43	(iv) at least eight hours before the
44	44	operation of the vehicle on the county road, the owner or operator
45	45	of the vehicle notified the sheriff or, if applicable, the county
46	46	commissioner who serves as the ex officio road commissioner in
47	47	whose county or precinct the road is located.
48	48	(b) An owner of a motor vehicle may obtain from the
49	49	commissioners court of the county, through the county judge, an
50	50	excess weight permit that allows the operation of the vehicle
51	51	described in the permit:
52	52	(1) on the roads in that county; and
53	53	(2) with a gross weight up to 12 percent heavier than
54	54	the weight authorized by law for that vehicle.
55	55	(c) The fee for a permit issued under Subsection (b) may not
56	56	exceed:
57	57	(1) $500 for a permit that is valid for any period
58	58	during which the permit holder operates the vehicle; or
59	59	(2) $225 for a permit that is valid for one year from
60	60	the date of issuance.
61	61	(d) Sections 623.018(b) and (d) do not apply to a permit
62	62	issued under this section.
63	63	(e) This section does not authorize the operation of a
64	64	vehicle with a gross weight heavier than the weight authorized by
65	65	law for that vehicle on a bridge, if the weight of the vehicle
66	66	exceeds the weight limit established by the commission under
67	67	Section 621.102 or by the commissioners court under Section
68	68	621.301.
69	69	SECTION 2. Section 623.018, Transportation Code, is amended
70	70	by adding Subsection (f) to read as follows:
71	71	(f) Subsections (b) and (d) do not apply to a permit issued
72	72	under Section 621.508.
73	73	SECTION 3. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2009.