By: Jones H.B. No. 4186
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 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 either:
(A) a single axle weight or tandem axle weight
that was not heavier than the axle weight authorized by law plus 12
percent; or
(B) a combination of single axle weights and
tandem axle weights heavier than the axle weight authorized by law,
so long as each axle weight or tandem axle weight does not exceed
the axle weight authorized by law plus six 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 September 1, 2009.