Texas 2011 - 82nd Regular

Texas House Bill HB3550 Compare Versions

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Old	New	Differences
1	1	82R23214 NAJ-F
2	2	By: Fletcher H.B. No. 3550
3	3	Substitute the following for H.B. No. 3550:
4	4	By: Phillips C.S.H.B. No. 3550
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to imposing a law enforcement fee for certain offenses,
10	10	violations, and disqualifications related to commercial motor
11	11	vehicles and to weight limits on a vehicle loaded with certain
12	12	agricultural products.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter H, Chapter 522, Transportation Code,
15	15	is amended by adding Section 522.093 to read as follows:
16	16	Sec. 522.093. LAW ENFORCEMENT FEE. (a) The department
17	17	shall assess a law enforcement fee in the amount of $2,000 against a
18	18	person who holds a commercial driver's license and is disqualified
19	19	from driving a commercial motor vehicle under:
20	20	(1) Section 522.081(d)(2), if the person knowingly
21	21	committed a felony described by that subdivision; or
22	22	(2) Section 522.081(d)(4).
23	23	(b) A fee collected under this section shall be remitted to
24	24	the comptroller for deposit in the general revenue fund and may be
25	25	appropriated only for law enforcement purposes.
26	26	SECTION 2. Section 621.506, Transportation Code, is amended
27	27	by adding Subsection (b-1) to read as follows:
28	28	(b-1) In addition to a fine assessed under Subsection (b), a
29	29	court shall assess a law enforcement fee in the amount of $500
30	30	against a person who commits an offense under this section. A fee
31	31	collected under this subsection shall be remitted to the
32	32	comptroller for deposit in the general revenue fund and may be
33	33	appropriated only for law enforcement purposes.
34	34	SECTION 3. Section 621.508, Transportation Code, is amended
35	35	to read as follows:
36	36	Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE
37	37	OVER MAXIMUM ALLOWABLE GROSS WEIGHT OR AXLE WEIGHT. It is an
38	38	affirmative defense to prosecution of, or an action under
39	39	Subchapter F for, the offense of operating a vehicle with:
40	40	(1) a gross weight heavier than the gross weight
41	41	authorized by law that at the time of the offense the vehicle:
42	42	(A) had a gross weight that was not heavier than
43	43	the gross weight authorized by law plus 15 percent;
44	44	(B) was loaded with timber, pulp wood, wood
45	45	chips, or cotton, livestock, or other agricultural products that
46	46	are:
47	47	(i) in their natural state; and
48	48	(ii) being transported from the place of
49	49	production to the place of first marketing or first processing; and
50	50	(C) was not being operated on a portion of the
51	51	national system of interstate and defense highways; or
52	52	(2) a single axle weight or tandem axle weight heavier
53	53	than the axle weight authorized by law that at the time of the
54	54	offense the vehicle:
55	55	(A) [(1)] had a single axle weight or tandem axle
56	56	weight that was not heavier than the axle weight authorized by law
57	57	plus 12 percent;
58	58	(B) [(2)] was loaded with timber, pulp wood, wood
59	59	chips, or cotton, livestock, or other agricultural products that
60	60	are:
61	61	(i) [(A)] in their natural state; and
62	62	(ii) [(B)] being transported from the place
63	63	of production to the place of first marketing or first processing;
64	64	and
65	65	(C) [(3)] was not being operated on a portion of
66	66	the national system of interstate and defense highways.
67	67	SECTION 4. Section 623.272, Transportation Code, is amended
68	68	by adding Subsection (d) to read as follows:
69	69	(d) If the department imposes an administrative penalty on a
70	70	shipper under this section, the department shall assess, in
71	71	addition to the penalty, a law enforcement fee in the amount of $500
72	72	against the shipper. A fee collected under this subsection shall be
73	73	remitted to the comptroller for deposit in the general revenue fund
74	74	and may be appropriated only for law enforcement purposes.
75	75	SECTION 5. Sections 621.503(b) and (c), Transportation
76	76	Code, are repealed.
77	77	SECTION 6. (a) The changes in law made by this Act apply
78	78	only to a violation that occurs or an offense committed on or after
79	79	the effective date of this Act. A violation that occurs or an
80	80	offense committed before the effective date of this Act is governed
81	81	by the law in effect on the date the violation occurred or the
82	82	offense was committed, and the former law is continued in effect for
83	83	that purpose.
84	84	(b) For purposes of Subsection (a) of this section, a
85	85	violation occurred or an offense was committed before the effective
86	86	date of this Act if any element of the violation or offense occurred
87	87	before that date.
88	88	SECTION 7. This Act takes effect September 1, 2011.