Texas 2011 82nd Regular

Texas House Bill HB2730 Introduced / Bill

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                    By: White H.B. No. 2730


 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, 2011.