By: Nichols S.B. No. 1671
(In the Senate - Filed March 8, 2013; March 25, 2013, read
first time and referred to Committee on Transportation;
April 16, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 16, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1671 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the fines for and other enforcement of laws providing
for the operation of oversize or overweight vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.502, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) Intent to operate a vehicle at a weight that is heavier
than the weight authorized by a permit issued under Chapter 623,
except for a permit issued under Section 623.011, is presumed if:
(1) the vehicle is operated at a weight that is heavier
than the applicable weight allowed under Chapter 623; and
(2) a permit to operate at that weight has not been
issued for the vehicle.
SECTION 2. Section 621.503, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (d) to
read as follows:
(a) A person may not load, or cause to be loaded, a vehicle
for operation on a public highway of this state that exceeds the
weight limitations for operation of that vehicle provided by
Section 621.101 or Chapter 623.
(b) Intent to violate a limitation is presumed if the weight
of the loaded vehicle is heavier than the applicable axle or gross
weight limit by three [15] percent or more.
(d) A violation of this section is subject to administrative
enforcement under Subchapter N, Chapter 623.
SECTION 3. Section 621.506, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), and (i) to read as follows:
(a) A person commits an offense if the person:
(1) operates a vehicle or combination of vehicles in
violation of Section 621.101, [622.012,] 622.031, 622.041,
622.0435, 622.051, 622.061, 622.133, 622.953, or 623.162; or
(2) loads a vehicle or causes a vehicle to be loaded in
violation of Section 621.503.
(b) An offense under this section is a misdemeanor
punishable:
(1) by a fine of not less than $500 [$100] and not more
than $1,250 [$150];
(2) on conviction of an offense involving:
(A) a Class 1 weight violation, by a fine of not
less than $750 or more than $1,500;
(B) a Class 2 weight violation, by a fine of not
less than $1,500 or more than $3,000;
(C) a Class 3 weight violation, by a fine of not
less than $3,500 or more than $7,000; or
(D) a Class 4 weight violation, by a fine of not
less than $7,500 or more than $15,000 [a vehicle having a single
axle weight, tandem axle weight, or gross weight that is more than
5,000 but not more than 10,000 pounds heavier than the vehicle's
allowable weight, by a fine of not less than $300 or more than
$500];
(3) [on conviction of an offense involving a vehicle
having a single axle weight, tandem axle weight, or gross weight
that is more than 10,000 pounds heavier than the vehicle's
allowable weight, by a fine of not less than $500 or more than
$1,000; or
[(4)] on conviction, before the first anniversary of
the date of a previous conviction under this section, of a second
offense under this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $1,000 or more than $2,000;
(B) a Class 2 weight violation, by a fine of not
less than $2,500 or more than $4,500;
(C) a Class 3 weight violation, by a fine of not
less than $4,500 or more than $8,000; or
(D) a Class 4 weight violation, by a fine of not
less than $9,250 or more than $18,000;
(4) on conviction, before the first anniversary of the
date of a previous conviction under this section, of a third offense
under this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $2,500 or more than $3,750;
(B) a Class 2 weight violation, by a fine of not
less than $4,000 or more than $5,500;
(C) a Class 3 weight violation, by a fine of not
less than $6,000 or more than $9,000; or
(D) a Class 4 weight violation, by a fine of not
less than $12,500 or more than $22,000; and
(5) on conviction, after the first anniversary of a
previous conviction under this section, of a subsequent offense
under this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $850 or more than $1,750;
(B) a Class 2 weight violation, by a fine of not
less than $1,750 or more than $3,250;
(C) a Class 3 weight violation, by a fine of not
less than $3,700 or more than $7,500; or
(D) a Class 4 weight violation, by a fine of not
less than $7,750 or more than $16,000 [by a fine in an amount that is
twice the amount specified by Subdivision (1), (2), or (3)].
(b-1) For purposes of Subsection (b)(3), (4), or (5), a
previous offense under this section includes any offense under this
section, regardless of whether the offense involved a weight class
violation or the same weight class violation.
(b-2) In this section, a vehicle having a single axle
weight, tandem axle weight, or gross weight that is more than the
vehicle's allowable weight is:
(1) a Class 1 weight violation, if the excess weight is
more than 2,500 pounds but not more than 5,000 pounds;
(2) a Class 2 weight violation, if the excess weight is
more than 5,000 pounds but not more than 10,000 pounds;
(3) a Class 3 weight violation, if the excess weight is
more than 10,000 pounds but not more than 20,000 pounds; and
(4) a Class 4 weight violation, if the excess weight is
more than 20,000 pounds.
(i) A violation of this section is subject to administrative
enforcement under Subchapter N, Chapter 623.
SECTION 4. Subchapter G, Chapter 621, Transportation Code,
is amended by adding Section 621.5061 to read as follows:
Sec. 621.5061. OFFENSE OF OPERATING OVERWEIGHT READY-MIXED
CONCRETE TRUCK; PENALTY; DEFENSE. (a) In this section,
"ready-mixed concrete truck" has the meaning assigned by Section
622.011.
(b) A person commits an offense if the person operates a
ready-mixed concrete truck in violation of Section 622.012.
(c) An offense under this section is a misdemeanor
punishable:
(1) by a fine of not less than $100 and not more than
$150;
(2) on conviction of an offense involving a vehicle
having a single axle weight, tandem axle weight, or gross weight
that is more than 5,000 pounds but not more than 10,000 pounds
heavier than the vehicle's allowable weight, by a fine of not less
than $300 or more than $500;
(3) on conviction of an offense involving a vehicle
having a single axle weight, tandem axle weight, or gross weight
that is more than 10,000 pounds heavier than the vehicle's
allowable weight, by a fine of not less than $500 or more than
$1,000; or
(4) on conviction before the first anniversary of the
date of a previous conviction under this section, by a fine in an
amount that is twice the amount specified by Subdivision (1), (2),
or (3).
(d) On conviction of a violation of an axle weight
limitation, the court may assess a fine less than the applicable
minimum amount prescribed by Subsection (c) if the court finds that
when the violation occurred:
(1) the vehicle was registered to carry the maximum
gross weight authorized for that vehicle under Section 622.012; and
(2) the gross weight of the vehicle did not exceed that
maximum gross weight.
(e) A judge or justice shall promptly report to the
Department of Public Safety each conviction obtained in the judge's
or the justice's court under this section. The Department of Public
Safety shall keep a record of each conviction reported to it under
this subsection.
(f) If a corporation fails to pay the fine assessed on
conviction of an offense under this section, the district or county
attorney in the county in which the conviction occurs may file suit
against the corporation to collect the fine.
(g) A justice or municipal court has jurisdiction of an
offense under this section.
(h) Except as provided by Subsection (i), a governmental
entity that collects a fine under this section for an offense
involving a vehicle having a single axle weight, tandem axle
weight, or gross weight that is more than 5,000 pounds heavier than
the vehicle's allowable weight shall send an amount equal to 50
percent of the fine to the comptroller in the manner provided by
Subchapter B, Chapter 133, Local Government Code.
(i) If the offense described by Subsection (h) occurred
within 20 miles of an international border, the entire amount of the
fine shall be deposited for the purposes of road maintenance in:
(1) the municipal treasury, if the fine was imposed by
a municipal court; or
(2) the county treasury, if the fine was imposed by a
justice court.
SECTION 5. Subsection (B), Section 621.507, Transportation
Code, is amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable:
(1) by a fine of:
(A) not less than $500 and not more than $1,250;
or
(B) $5,000, if the convicted person is a
corporation [not to exceed $200];
(2) on conviction before the first anniversary of the
date of a previous conviction under this section:
(A) by a fine of not less than $1,500 and not more
than $3,000 [to exceed $500], by confinement in a county jail for
not more than 60 days, or by both the fine and confinement; or
(B) if the convicted person is a corporation, by
a fine of $8,000 [not to exceed $1,000]; or
(3) on a conviction after [before] the first
anniversary of the date of a previous conviction under this section
that was punishable under Subdivision (1) [(2) or this
subdivision]:
(A) by a fine of not less than $750 and not more
than $1,500 [to exceed $1,000], by confinement in the county jail
for not more than 30 days [six months], or by both the fine and
confinement; or
(B) if the convicted person is a corporation, by
a fine not to exceed $6,500 [$2,000].
SECTION 6. Section 623.019, Transportation Code, is amended
by amending Subsections (b), (c), (e), and (f) and adding
Subsections (b-1) and (b-2) to read as follows:
(b) An [Except as provided by Subsections (c) and (d), an]
offense under Subsection (a) is a misdemeanor punishable:
(1) by a fine of not less than $1,000 [$100] or more
than $2,250;
(2) on conviction of an offense involving:
(A) a Class 1 weight violation, by a fine of not
less than $750 or more than $1,500;
(B) a Class 2 weight violation, by a fine of not
less than $1,500 or more than $3,000;
(C) a Class 3 weight violation, by a fine of not
less than $3,500 or more than $7,000; or
(D) a Class 4 weight violation, by a fine of not
less than $7,500 or more than $15,000;
(3) on conviction, before the first anniversary of the
date of a previous conviction under this section, of a second
offense under this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $1,000 or more than $2,000;
(B) a Class 2 weight violation, by a fine of not
less than $2,500 or more than $4,500;
(C) a Class 3 weight violation, by a fine of not
less than $4,500 or more than $8,000; or
(D) a Class 4 weight violation, by a fine of not
less than $9,250 or more than $18,000;
(4) on conviction, before the first anniversary of a
previous conviction under this section, of a third offense under
this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $2,500 or more than $3,750;
(B) a Class 2 weight violation, by a fine of not
less than $4,000 or more than $5,500;
(C) a Class 3 weight violation, by a fine of not
less than $6,000 or more than $9,000; or
(D) a Class 4 weight violation, by a fine of not
less than $12,500 or more than $22,000; and
(5) on conviction, after the first anniversary of a
previous conviction under this section, of a subsequent offense
under this section involving:
(A) a Class 1 weight violation, by a fine of not
less than $850 or more than $1,750;
(B) a Class 2 weight violation, by a fine of not
less than $1,750 or more than $3,250;
(C) a Class 3 weight violation, by a fine of not
less than $3,700 or more than $7,500; or
(D) a Class 4 weight violation, by a fine of not
less than $7,750 or more than $16,000 [$150].
(b-1) For purposes of Subsection (b)(3), (4), or (5), a
previous offense under this section includes any offense under this
section, regardless of whether the offense involved a weight class
violation or the same weight class violation.
(b-2) In this section, a vehicle having a single axle
weight, tandem axle weight, or gross weight that is more than the
vehicle's allowable weight is:
(1) a Class 1 weight violation, if the excess weight is
more than 2,500 pounds but not more than 5,000 pounds;
(2) a Class 2 weight violation, if the excess weight is
more than 5,000 pounds but not more than 10,000 pounds;
(3) a Class 3 weight violation, if the excess weight is
more than 10,000 pounds but not more than 20,000 pounds; and
(4) a Class 4 weight violation, if the excess weight is
more than 20,000 pounds.
(c) A violation of this section is subject to administrative
enforcement under Subchapter N. [An offense under Subsection (a) is
a misdemeanor and, except as provided by Subsection (d), is
punishable by a fine of:
[(1) not less than $300 or more than $500 if the
offense involves a vehicle having a gross weight that is heavier
than 5,000 but not heavier than 10,000 pounds over the vehicle's
allowable gross weight; or
[(2) not less than $500 or more than $1,000 if the
offense involves a vehicle having a gross weight that is at least
10,000 pounds heavier than the vehicle's allowable gross weight.]
(e) A governmental entity collecting a fine under this
section [Subsection (c)] shall send an amount equal to 50 percent of
the fine to the comptroller.
(f) A justice of the peace has jurisdiction of any offense
under this section. A municipal court has jurisdiction of an
offense under this section in which the fine does not exceed $10,000
[$500]. A county or district court has jurisdiction of an offense
under this section in which the fine exceeds $10,000.
SECTION 7. Subsection (b), Section 623.082, Transportation
Code, is amended to read as follows:
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable:
(1) by a fine of not more than $1,500 [$200];
(2) on conviction before the first anniversary of
[within one year after] the date of a previous [prior] conviction
under this section [that was punishable under Subdivision (1)], by
a fine of not more than $2,500 [$500], by confinement in the county
jail for not more than 60 days, or by both the fine and the
confinement; [or]
(3) on conviction of a third offense before the first
anniversary of the date of a previous conviction under Subdivision
(1), by a fine of not more than $3,500; or
(4) on conviction of an offense after the first
anniversary of [within one year after] the date of a previous
[prior] conviction under this section that was punishable under
Subdivision (1) [(2) or this subdivision], by a fine of not less
[more] than $2,000 [$1,000], by confinement in the county jail for
not more than 30 days [six months], or by both the fine and the
confinement.
SECTION 8. Section 623.271, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), the [The]
department may investigate and, except as provided by Subsection
(f), may impose an administrative penalty or revoke an oversize or
overweight permit issued under this chapter if the person or the
holder of the permit, as applicable:
(1) provides false information on the permit
application or another form required by the department for the
issuance of an oversize or overweight permit;
(2) violates this chapter, Chapter 621, or Chapter
622;
(3) violates a rule or order adopted under this
chapter, Chapter 621, or Chapter 622; or
(4) fails to obtain an oversize or overweight permit
if a permit is required.
(a-1) The department may not revoke an oversize or
overweight permit issued under Subchapter D for a violation of
Section 623.082 unless the holder of the permit is convicted before
the first anniversary of the date of a previous conviction under
Section 623.082(b)(1) of three or more offenses under that section.
SECTION 9. Section 623.272, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) If the department imposes an administrative penalty on a
shipper under this section, the department shall assess, in
addition to the penalty, a law enforcement fee in the amount of
$5,000 against the shipper. A fee collected under this subsection
shall be remitted to the comptroller for deposit in the general
revenue fund and may be appropriated only for law enforcement
purposes.
SECTION 10. Subsection (d), Section 623.019,
Transportation Code, is repealed.
SECTION 11. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 12. This Act takes effect September 1, 2013.
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