Texas 2017 85th Regular

Texas House Bill HB2142 Introduced / Bill

Filed 02/21/2017

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                    85R9143 JAM-F
 By: Kacal H.B. No. 2142


 A BILL TO BE ENTITLED
 AN ACT
 relating to oversize or overweight vehicles transporting livestock
 feed, grain, or grain by-products.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 621.508(a), Transportation Code, is
 amended to read as follows:
 (a)  It is an affirmative defense to prosecution of, or an
 action under Subchapter F for, the offense of operating a vehicle
 with a 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 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:
 (A)  timber, pulp wood, wood chips, [or] cotton,
 livestock, livestock feed, grain, or grain by-products; or
 (B)  other agricultural products that are:
 (i) [(A)]  in their natural state; and
 (ii) [(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.  Section 621.508(a), Transportation Code, as
 amended by this Act, applies 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 3.  This Act takes effect September 1, 2017.