81R23735 SLB-F
By: Gonzalez Toureilles, Gonzales, Swinford, H.B. No. 3143
Rios Ybarra
Substitute the following for H.B. No. 3143:
By: Swinford C.S.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. (a) 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; and
(4) was either operated under:
(A) the written consent of the commissioners
court of the county; or
(B) the following conditions:
(i) the owner of the vehicle obtained a
permit issued under Section 623.011;
(ii) the owner of the vehicle obtained a
bond or letter of credit in the amount of $30,000 payable to the
department and the counties of this state;
(iii) the owner of the vehicle obtained an
excess weight permit from the county under Subsection (b); and
(iv) at least eight hours before the
operation of the vehicle on the county road, the owner or operator
of the vehicle notified the sheriff or, if applicable, the county
commissioner who serves as the ex officio road commissioner in
whose county or precinct the road is located.
(b) An owner of a motor vehicle may obtain from the
commissioners court of the county, through the county judge, an
excess weight permit that allows the operation of the vehicle
described in the permit:
(1) on the roads in that county; and
(2) with a gross weight up to 12 percent heavier than
the weight authorized by law for that vehicle.
(c) The fee for a permit issued under Subsection (b) may not
exceed:
(1) $500 for a permit that is valid for any period
during which the permit holder operates the vehicle; or
(2) $225 for a permit that is valid for one year from
the date of issuance.
(d) Sections 623.018(b) and (d) do not apply to a permit
issued under this section.
(e) This section does not authorize the operation of a
vehicle with a gross weight heavier than the weight authorized by
law for that vehicle on a bridge, if the weight of the vehicle
exceeds the weight limit established by the commission under
Section 621.102 or by the commissioners court under Section
621.301.
SECTION 2. Section 623.018, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) Subsections (b) and (d) do not apply to a permit issued
under Section 621.508.
SECTION 3. 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.