1 | 1 | | By: Jones H.B. No. 4186 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to weight limits on a vehicle loaded with certain |
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7 | 7 | | agricultural products. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 621.508, Transportation Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE |
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12 | 12 | | OVER MAXIMUM ALLOWABLE AXLE WEIGHT. It is an affirmative defense to |
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13 | 13 | | prosecution of, or an action under Subchapter F for, the offense of |
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14 | 14 | | operating a vehicle with a single axle weight or tandem axle weight |
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15 | 15 | | heavier than the axle weight authorized by law that at the time of |
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16 | 16 | | the offense the vehicle: |
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17 | 17 | | (1) had either: |
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18 | 18 | | (A) a single axle weight or tandem axle weight |
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19 | 19 | | that was not heavier than the axle weight authorized by law plus 12 |
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20 | 20 | | percent; or |
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21 | 21 | | (B) a combination of single axle weights and |
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22 | 22 | | tandem axle weights heavier than the axle weight authorized by law, |
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23 | 23 | | so long as each axle weight or tandem axle weight does not exceed |
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24 | 24 | | the axle weight authorized by law plus six percent; |
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25 | 25 | | (2) was loaded with timber, pulp wood, wood chips, or |
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26 | 26 | | cotton, livestock, or other agricultural products that are: |
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27 | 27 | | (A) in their natural state; and |
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28 | 28 | | (B) being transported from the place of |
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29 | 29 | | production to the place of first marketing or first processing; and |
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30 | 30 | | (3) was not being operated on a portion of the national |
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31 | 31 | | system of interstate and defense highways. |
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32 | 32 | | SECTION 2. This Act takes effect September 1, 2009. |
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