Texas 2013 - 83rd Regular

Texas Senate Bill SB1671 Compare Versions

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1	1	83R26003 JRR-F
2	2	By: Nichols S.B. No. 1671
3	3	(Fletcher)
4	4	Substitute the following for S.B. No. 1671: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the fines for and other enforcement of laws providing
10	10	for the operation of oversize or overweight vehicles; creating an
11	11	offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 621.502, Transportation Code, is amended
14	14	by adding Subsections (e) through (i) to read as follows:
15	15	(e) Intent to operate a vehicle at a weight that is heavier
16	16	than the weight authorized by a permit issued under Chapter 623,
17	17	except for a permit issued under Section 623.011, is presumed if:
18	18	(1) the vehicle is operated at a weight that is heavier
19	19	than the applicable weight allowed under Chapter 623; and
20	20	(2) a permit to operate at that weight has not been
21	21	issued for the vehicle.
22	22	(f) A person commits an offense if:
23	23	(1) the person operates a vehicle at a weight for which
24	24	a permit is required by Chapter 623, other than a permit issued
25	25	under Section 623.011; and
26	26	(2) the person has failed to obtain the permit.
27	27	(g) An offense under Subsection (f) is punishable by a fine
28	28	of $5,000. Half of the amount of each fine collected under this
29	29	subsection shall be deposited to the credit of the state highway
30	30	fund. The remaining portion of the fine may be retained by the
31	31	county in which the violation occurred to be used solely for the
32	32	purposes of road maintenance on county roads and enforcement of
33	33	traffic laws in the county.
34	34	(h) A person may not operate or move a vehicle equipped with
35	35	a tag or lift axle on a highway if:
36	36	(1) the tag or lift axle is lowered to the surface of
37	37	the highway; and
38	38	(2) the minimum ascending and descending transverse
39	39	travel of the tag or lift axle is less than 1.2 inches per foot of
40	40	length, as measured from the rear of the vehicle to the tag or lift
41	41	axle.
42	42	(i) In this section:
43	43	(1) "Tag or lift axle" means an additional axle
44	44	mounted to the rear of a vehicle that:
45	45	(A) may be raised or lowered;
46	46	(B) extends behind the rearmost axle of the
47	47	vehicle; and
48	48	(C) extends the overall wheelbase of the vehicle
49	49	when lowered to the surface of a highway.
50	50	(2) "Transverse travel" means the distance that a tag
51	51	or lift axle moves vertically, either up or down, because the
52	52	vehicle enters an incline or exits a decline of a highway.
53	53	SECTION 2. Section 621.503, Transportation Code, is amended
54	54	by amending Subsections (a) and (b) and adding Subsection (d) to
55	55	read as follows:
56	56	(a) A person may not load, or cause to be loaded, a vehicle
57	57	for operation on a public highway of this state that exceeds the
58	58	weight limitations for operation of that vehicle provided by
59	59	Section 621.101 or Chapter 623.
60	60	(b) Intent to violate a limitation is presumed if the weight
61	61	of the loaded vehicle is heavier than the applicable axle or gross
62	62	weight limit by three [15] percent or more.
63	63	(d) A violation of this section is subject to administrative
64	64	enforcement under Subchapter N, Chapter 623, except that
65	65	administrative enforcement may not be imposed on a shipper of
66	66	gasoline, diesel fuel, or aviation fuel, as those terms are defined
67	67	by Section 162.001, Tax Code, for a violation of this section.
68	68	SECTION 3. Section 621.506, Transportation Code, is amended
69	69	by amending Subsections (a) and (b) and adding Subsections (b-1),
70	70	(b-2), and (i) to read as follows:
71	71	(a) A person commits an offense if the person:
72	72	(1) operates a vehicle or combination of vehicles in
73	73	violation of Section 621.101, [622.012,] 622.031, 622.041,
74	74	622.0435, 622.051, 622.061, 622.133, 622.953, or 623.162; or
75	75	(2) loads a vehicle or causes a vehicle to be loaded in
76	76	violation of Section 621.503.
77	77	(b) An offense under this section is a misdemeanor
78	78	punishable:
79	79	(1) by a fine of not less than $500 [$100] and not more
80	80	than $1,250 [$150];
81	81	(2) on conviction of an offense involving:
82	82	(A) a Class 1 weight violation, by a fine of not
83	83	less than $750 or more than $1,500;
84	84	(B) a Class 2 weight violation, by a fine of not
85	85	less than $1,500 or more than $3,000;
86	86	(C) a Class 3 weight violation, by a fine of not
87	87	less than $3,500 or more than $7,000; or
88	88	(D) a Class 4 weight violation, by a fine of not
89	89	less than $7,500 or more than $15,000 [a vehicle having a single
90	90	axle weight, tandem axle weight, or gross weight that is more than
91	91	5,000 but not more than 10,000 pounds heavier than the vehicle's
92	92	allowable weight, by a fine of not less than $300 or more than
93	93	$500];
94	94	(3) [on conviction of an offense involving a vehicle
95	95	having a single axle weight, tandem axle weight, or gross weight
96	96	that is more than 10,000 pounds heavier than the vehicle's
97	97	allowable weight, by a fine of not less than $500 or more than
98	98	$1,000; or
99	99	[(4)] on conviction, before the first anniversary of
100	100	the date of a previous conviction under this section, of a second
101	101	offense under this section involving:
102	102	(A) a Class 1 weight violation, by a fine of not
103	103	less than $1,000 or more than $2,000;
104	104	(B) a Class 2 weight violation, by a fine of not
105	105	less than $2,500 or more than $4,500;
106	106	(C) a Class 3 weight violation, by a fine of not
107	107	less than $4,500 or more than $8,000; or
108	108	(D) a Class 4 weight violation, by a fine of not
109	109	less than $9,250 or more than $18,000;
110	110	(4) on conviction, before the first anniversary of the
111	111	date of a previous conviction under this section, of a third offense
112	112	under this section involving:
113	113	(A) a Class 1 weight violation, by a fine of not
114	114	less than $2,500 or more than $3,750;
115	115	(B) a Class 2 weight violation, by a fine of not
116	116	less than $4,000 or more than $5,500;
117	117	(C) a Class 3 weight violation, by a fine of not
118	118	less than $6,000 or more than $9,000; or
119	119	(D) a Class 4 weight violation, by a fine of not
120	120	less than $12,500 or more than $22,000; and
121	121	(5) on conviction, after the first anniversary of a
122	122	previous conviction under this section, of a subsequent offense
123	123	under this section involving:
124	124	(A) a Class 1 weight violation, by a fine of not
125	125	less than $850 or more than $1,750;
126	126	(B) a Class 2 weight violation, by a fine of not
127	127	less than $1,750 or more than $3,250;
128	128	(C) a Class 3 weight violation, by a fine of not
129	129	less than $3,700 or more than $7,500; or
130	130	(D) a Class 4 weight violation, by a fine of not
131	131	less than $7,750 or more than $16,000 [by a fine in an amount that is
132	132	twice the amount specified by Subdivision (1), (2), or (3)].
133	133	(b-1) For purposes of Subsection (b)(3), (4), or (5), a
134	134	previous offense under this section includes any offense under this
135	135	section, regardless of whether the offense involved a weight class
136	136	violation or the same weight class violation.
137	137	(b-2) In this section:
138	138	(1) a vehicle having a single axle weight or tandem
139	139	axle weight that is more than the vehicle's allowable weight is:
140	140	(A) a Class 1 weight violation, if the excess
141	141	weight is more than 2,500 pounds but not more than 5,000 pounds; and
142	142	(B) a Class 2 weight violation, if the excess
143	143	weight is more than 5,000 pounds; and
144	144	(2) a vehicle having a gross weight that is more than
145	145	the vehicle's allowable weight is:
146	146	(A) a Class 1 weight violation, if the excess
147	147	weight is more than 2,500 pounds but not more than 5,000 pounds;
148	148	(B) a Class 2 weight violation, if the excess
149	149	weight is more than 5,000 pounds but not more than 10,000 pounds;
150	150	(C) a Class 3 weight violation, if the excess
151	151	weight is more than 10,000 pounds but not more than 20,000 pounds;
152	152	and
153	153	(D) a Class 4 weight violation, if the excess
154	154	weight is more than 20,000 pounds.
155	155	(i) A violation of this section is subject to administrative
156	156	enforcement under Subchapter N, Chapter 623.
157	157	SECTION 4. Subchapter G, Chapter 621, Transportation Code,
158	158	is amended by adding Section 621.5061 to read as follows:
159	159	Sec. 621.5061. OFFENSE OF OPERATING OVERWEIGHT READY-MIXED
160	160	CONCRETE TRUCK; PENALTY; DEFENSE. (a) In this section,
161	161	"ready-mixed concrete truck" has the meaning assigned by Section
162	162	622.011.
163	163	(b) A person commits an offense if the person operates a
164	164	ready-mixed concrete truck in violation of Section 622.012.
165	165	(c) An offense under this section is a misdemeanor
166	166	punishable:
167	167	(1) by a fine of not less than $100 and not more than
168	168	$150;
169	169	(2) on conviction of an offense involving a vehicle
170	170	having a single axle weight, tandem axle weight, or gross weight
171	171	that is more than 5,000 pounds but not more than 10,000 pounds
172	172	heavier than the vehicle's allowable weight, by a fine of not less
173	173	than $300 or more than $500;
174	174	(3) on conviction of an offense involving a vehicle
175	175	having a single axle weight, tandem axle weight, or gross weight
176	176	that is more than 10,000 pounds heavier than the vehicle's
177	177	allowable weight, by a fine of not less than $500 or more than
178	178	$1,000; or
179	179	(4) on conviction before the first anniversary of the
180	180	date of a previous conviction under this section, by a fine in an
181	181	amount that is twice the amount specified by Subdivision (1), (2),
182	182	or (3).
183	183	(d) On conviction of a violation of an axle weight
184	184	limitation, the court may assess a fine less than the applicable
185	185	minimum amount prescribed by Subsection (c) if the court finds that
186	186	when the violation occurred:
187	187	(1) the vehicle was registered to carry the maximum
188	188	gross weight authorized for that vehicle under Section 622.012;
189	189	and
190	190	(2) the gross weight of the vehicle did not exceed that
191	191	maximum gross weight.
192	192	(e) A judge or justice shall promptly report to the
193	193	Department of Public Safety each conviction obtained in the judge's
194	194	or the justice's court under this section. The Department of Public
195	195	Safety shall keep a record of each conviction reported to it under
196	196	this subsection.
197	197	(f) If a corporation fails to pay the fine assessed on
198	198	conviction of an offense under this section, the district or county
199	199	attorney in the county in which the conviction occurs may file suit
200	200	against the corporation to collect the fine.
201	201	(g) A justice or municipal court has jurisdiction of an
202	202	offense under this section.
203	203	(h) Except as provided by Subsection (i), a governmental
204	204	entity that collects a fine under this section for an offense
205	205	involving a vehicle having a single axle weight, tandem axle
206	206	weight, or gross weight that is more than 5,000 pounds heavier than
207	207	the vehicle's allowable weight shall send an amount equal to 50
208	208	percent of the fine to the comptroller in the manner provided by
209	209	Subchapter B, Chapter 133, Local Government Code.
210	210	(i) If the offense described by Subsection (h) occurred
211	211	within 20 miles of an international border, the entire amount of the
212	212	fine shall be deposited for the purposes of road maintenance in:
213	213	(1) the municipal treasury, if the fine was imposed by
214	214	a municipal court; or
215	215	(2) the county treasury, if the fine was imposed by a
216	216	justice court.
217	217	SECTION 5. Section 621.507(b), Transportation Code, is
218	218	amended to read as follows:
219	219	(b) An offense under this section is a misdemeanor
220	220	punishable:
221	221	(1) by a fine of:
222	222	(A) not less than $500 and not more than $1,250;
223	223	or
224	224	(B) $5,000, if the convicted person is a
225	225	corporation [not to exceed $200];
226	226	(2) on conviction before the first anniversary of the
227	227	date of a previous conviction under this section:
228	228	(A) by a fine of not less than $1,500 and not more
229	229	than $3,000 [to exceed $500], by confinement in a county jail for
230	230	not more than 60 days, or by both the fine and confinement; or
231	231	(B) if the convicted person is a corporation, by
232	232	a fine of $8,000 [not to exceed $1,000]; or
233	233	(3) on a conviction after [before] the first
234	234	anniversary of the date of a previous conviction under this section
235	235	that was punishable under Subdivision (1) [(2) or this
236	236	subdivision]:
237	237	(A) by a fine of not less than $750 and not more
238	238	than $1,500 [to exceed $1,000], by confinement in the county jail
239	239	for not more than 30 days [six months], or by both the fine and
240	240	confinement; or
241	241	(B) if the convicted person is a corporation, by
242	242	a fine not to exceed $6,500 [$2,000].
243	243	SECTION 6. Section 623.019, Transportation Code, is amended
244	244	by amending Subsections (b), (c), (e), and (f) and adding
245	245	Subsections (b-1) and (b-2) to read as follows:
246	246	(b) An [Except as provided by Subsections (c) and (d), an]
247	247	offense under Subsection (a) is a misdemeanor punishable:
248	248	(1) by a fine of not less than $1,000 [$100] or more
249	249	than $2,250;
250	250	(2) on conviction of an offense involving:
251	251	(A) a Class 1 weight violation, by a fine of not
252	252	less than $750 or more than $1,500;
253	253	(B) a Class 2 weight violation, by a fine of not
254	254	less than $1,500 or more than $3,000;
255	255	(C) a Class 3 weight violation, by a fine of not
256	256	less than $3,500 or more than $7,000; or
257	257	(D) a Class 4 weight violation, by a fine of not
258	258	less than $7,500 or more than $15,000;
259	259	(3) on conviction, before the first anniversary of the
260	260	date of a previous conviction under this section, of a second
261	261	offense under this section involving:
262	262	(A) a Class 1 weight violation, by a fine of not
263	263	less than $1,000 or more than $2,000;
264	264	(B) a Class 2 weight violation, by a fine of not
265	265	less than $2,500 or more than $4,500;
266	266	(C) a Class 3 weight violation, by a fine of not
267	267	less than $4,500 or more than $8,000; or
268	268	(D) a Class 4 weight violation, by a fine of not
269	269	less than $9,250 or more than $18,000;
270	270	(4) on conviction, before the first anniversary of a
271	271	previous conviction under this section, of a third offense under
272	272	this section involving:
273	273	(A) a Class 1 weight violation, by a fine of not
274	274	less than $2,500 or more than $3,750;
275	275	(B) a Class 2 weight violation, by a fine of not
276	276	less than $4,000 or more than $5,500;
277	277	(C) a Class 3 weight violation, by a fine of not
278	278	less than $6,000 or more than $9,000; or
279	279	(D) a Class 4 weight violation, by a fine of not
280	280	less than $12,500 or more than $22,000; and
281	281	(5) on conviction, after the first anniversary of a
282	282	previous conviction under this section, of a subsequent offense
283	283	under this section involving:
284	284	(A) a Class 1 weight violation, by a fine of not
285	285	less than $850 or more than $1,750;
286	286	(B) a Class 2 weight violation, by a fine of not
287	287	less than $1,750 or more than $3,250;
288	288	(C) a Class 3 weight violation, by a fine of not
289	289	less than $3,700 or more than $7,500; or
290	290	(D) a Class 4 weight violation, by a fine of not
291	291	less than $7,750 or more than $16,000 [$150].
292	292	(b-1) For purposes of Subsection (b)(3), (4), or (5), a
293	293	previous offense under this section includes any offense under this
294	294	section, regardless of whether the offense involved a weight class
295	295	violation or the same weight class violation.
296	296	(b-2) In this section:
297	297	(1) a vehicle having a single axle weight or tandem
298	298	axle weight that is more than the vehicle's allowable weight is:
299	299	(A) a Class 1 weight violation, if the excess
300	300	weight is more than 2,500 pounds but not more than 5,000 pounds; and
301	301	(B) a Class 2 weight violation, if the excess
302	302	weight is more than 5,000 pounds; and
303	303	(2) a vehicle having a gross weight that is more than
304	304	the vehicle's allowable weight is:
305	305	(A) a Class 1 weight violation, if the excess
306	306	weight is more than 2,500 pounds but not more than 5,000 pounds;
307	307	(B) a Class 2 weight violation, if the excess
308	308	weight is more than 5,000 pounds but not more than 10,000 pounds;
309	309	(C) a Class 3 weight violation, if the excess
310	310	weight is more than 10,000 pounds but not more than 20,000 pounds;
311	311	and
312	312	(D) a Class 4 weight violation, if the excess
313	313	weight is more than 20,000 pounds.
314	314	(c) A violation of this section is subject to administrative
315	315	enforcement under Subchapter N, Chapter 623. [An offense under
316	316	Subsection (a) is a misdemeanor and, except as provided by
317	317	Subsection (d), is punishable by a fine of:
318	318	[(1) not less than $300 or more than $500 if the
319	319	offense involves a vehicle having a gross weight that is heavier
320	320	than 5,000 but not heavier than 10,000 pounds over the vehicle's
321	321	allowable gross weight; or
322	322	[(2) not less than $500 or more than $1,000 if the
323	323	offense involves a vehicle having a gross weight that is at least
324	324	10,000 pounds heavier than the vehicle's allowable gross weight.]
325	325	(e) A governmental entity collecting a fine under this
326	326	section [Subsection (c)] shall send an amount equal to 50 percent of
327	327	the fine to the comptroller.
328	328	(f) A justice of the peace has jurisdiction of any offense
329	329	under this section. A municipal court has jurisdiction of an
330	330	offense under this section in which the fine does not exceed $10,000
331	331	[$500]. A county or district court has jurisdiction of an offense
332	332	under this section in which the fine exceeds $10,000.
333	333	SECTION 7. Section 623.082(b), Transportation Code, is
334	334	amended to read as follows:
335	335	(b) Except as provided by Subsection (c), an offense under
336	336	this section is a misdemeanor punishable:
337	337	(1) by a fine of not more than $1,500 [$200];
338	338	(2) on conviction before the first anniversary of
339	339	[within one year after] the date of a previous [prior] conviction
340	340	under this section [that was punishable under Subdivision (1)], by
341	341	a fine of not more than $2,500 [$500], by confinement in the county
342	342	jail for not more than 60 days, or by both the fine and the
343	343	confinement; [or]
344	344	(3) on conviction of a third offense before the first
345	345	anniversary of the date of a previous conviction under Subdivision
346	346	(1), by a fine of not more than $3,500; or
347	347	(4) on conviction of an offense after the first
348	348	anniversary of [within one year after] the date of a previous
349	349	[prior] conviction under this section that was punishable under
350	350	Subdivision (1) [(2) or this subdivision], by a fine of not less
351	351	[more] than $2,000 [$1,000], by confinement in the county jail for
352	352	not more than 30 days [six months], or by both the fine and the
353	353	confinement.
354	354	SECTION 8. Section 623.271, Transportation Code, is amended
355	355	by amending Subsection (a) and adding Subsection (a-1) to read as
356	356	follows:
357	357	(a) Except as provided by Subsection (a-1), the [The]
358	358	department may investigate and, except as provided by Subsection
359	359	(f), may impose an administrative penalty or revoke an oversize or
360	360	overweight permit issued under this chapter if the person or the
361	361	holder of the permit, as applicable:
362	362	(1) provides false information on the permit
363	363	application or another form required by the department for the
364	364	issuance of an oversize or overweight permit;
365	365	(2) violates this chapter, Chapter 621, or Chapter
366	366	622;
367	367	(3) violates a rule or order adopted under this
368	368	chapter, Chapter 621, or Chapter 622; or
369	369	(4) fails to obtain an oversize or overweight permit
370	370	if a permit is required.
371	371	(a-1) The department may not revoke an oversize or
372	372	overweight permit issued under Subchapter D for a violation of
373	373	Section 623.082 unless the holder of the permit is convicted before
374	374	the first anniversary of the date of a previous conviction under
375	375	Section 623.082(b)(1) of three or more offenses under that section.
376	376	SECTION 9. Section 623.272, Transportation Code, is amended
377	377	by adding Subsection (d) to read as follows:
378	378	(d) If the department imposes an administrative penalty on a
379	379	shipper under this section, the department shall assess, in
380	380	addition to the penalty, a law enforcement fee in the amount of
381	381	$5,000 against the shipper. A fee collected under this subsection
382	382	shall be remitted to the comptroller for deposit in a special
383	383	account in the general revenue fund and may be appropriated only to
384	384	the Department of Public Safety for commercial vehicle enforcement.
385	385	This subsection does not apply to an administrative penalty imposed
386	386	on a shipper of gasoline, diesel fuel, or aviation fuel, as those
387	387	terms are defined by Section 162.001, Tax Code.
388	388	SECTION 10. Section 623.019(d), Transportation Code, is
389	389	repealed.
390	390	SECTION 11. The changes in law made by this Act apply only
391	391	to an offense committed on or after the effective date of this Act.
392	392	An offense committed before the effective date of this Act is
393	393	governed by the law in effect on the date the offense was committed,
394	394	and the former law is continued in effect for that purpose. For
395	395	purposes of this section, an offense was committed before the
396	396	effective date of this Act if any element of the offense occurred
397	397	before that date.
398	398	SECTION 12. This Act takes effect September 1, 2013.