82R12461 NAJ-D By: Seliger S.B. No. 1604 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 GROSS WEIGHT OR 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 [single axle] weight or [tandem] axle weight heavier than the gross weight or axle weight authorized by law that at the time of the offense the vehicle: (1) had a gross [single axle] weight [or tandem axle weight] that was not heavier than the [axle] weight authorized by law plus 10 [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 September 1, 2011.