| 1 | 1 | | By: Springer H.B. No. 1831 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to reducing the criminal penalty for the operation of |
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| 7 | 7 | | overweight vehicles transporting agricultural products. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 623.019, Transportation Code, is amended |
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| 10 | 10 | | by amending Subsections (b) and (c) and adding Subsections (i) and |
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| 11 | 11 | | (j) to read as follows: |
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| 12 | 12 | | (b) Except as provided by Subsections (c), [and] (d), (i), |
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| 13 | 13 | | and (j), an offense under Subsection (a) is a misdemeanor |
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| 14 | 14 | | punishable by a fine of not less than $100 or more than $250. |
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| 15 | 15 | | (c) An offense under Subsection (a) is a misdemeanor and, |
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| 16 | 16 | | except as provided by Subsections [Subsection] (d) and (i), is |
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| 17 | 17 | | punishable by a fine according to the following schedules if the |
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| 18 | 18 | | offense involves a vehicle: |
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| 19 | 19 | | (1) having a single axle weight or tandem axle weight |
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| 20 | 20 | | that is heavier than the vehicle's allowable weight: |
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| 21 | 21 | | Pounds Overweight Fine Range Pounds Overweight Fine Range |
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| 22 | 22 | | Pounds Overweight Fine Range |
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| 23 | 23 | | less than 2,500 $100 to $500 less than 2,500 $100 to $500 |
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| 24 | 24 | | less than 2,500 $100 to $500 |
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| 25 | 25 | | 2,500-5,000 $500 to $1,000 2,500-5,000 $500 to $1,000 |
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| 26 | 26 | | 2,500-5,000 $500 to $1,000 |
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| 27 | 27 | | more than 5,000 $1,000 to $2,500; or more than 5,000 $1,000 to $2,500; or |
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| 28 | 28 | | more than 5,000 $1,000 to $2,500; or |
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| 29 | 29 | | (2) having a gross weight that is heavier than the |
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| 30 | 30 | | vehicle's allowable gross weight: |
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| 31 | 31 | | Pounds Overweight Fine Range Pounds Overweight Fine Range |
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| 32 | 32 | | Pounds Overweight Fine Range |
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| 33 | 33 | | less than 2,500 $100 to $500 less than 2,500 $100 to $500 |
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| 34 | 34 | | less than 2,500 $100 to $500 |
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| 35 | 35 | | 2,500-5,000 $500 to $1,000 2,500-5,000 $500 to $1,000 |
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| 36 | 36 | | 2,500-5,000 $500 to $1,000 |
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| 37 | 37 | | 5,001-10,000 $1,000 to $2,500 5,001-10,000 $1,000 to $2,500 |
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| 38 | 38 | | 5,001-10,000 $1,000 to $2,500 |
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| 39 | 39 | | 10,001-20,000 $2,500 to $5,000 10,001-20,000 $2,500 to $5,000 |
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| 40 | 40 | | 10,001-20,000 $2,500 to $5,000 |
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| 41 | 41 | | 20,001-40,000 $5,000 to $7,000 20,001-40,000 $5,000 to $7,000 |
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| 42 | 42 | | 20,001-40,000 $5,000 to $7,000 |
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| 43 | 43 | | more than 40,000 $7,000 to $10,000 more than 40,000 $7,000 to $10,000 |
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| 44 | 44 | | more than 40,000 $7,000 to $10,000 |
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| 45 | 45 | | (i) An offense under Subsection (a) is a misdemeanor |
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| 46 | 46 | | punishable by a fine in an amount not to exceed 50 percent of the |
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| 47 | 47 | | fine assessed under Subsection (c) if the offense involves a |
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| 48 | 48 | | vehicle originally loaded: |
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| 49 | 49 | | (1) proportionally over the axles; |
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| 50 | 50 | | (2) primarily with agricultural products; and |
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| 51 | 51 | | (3) five miles or more from an international border |
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| 52 | 52 | | crossing. |
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| 53 | 53 | | (j) If it is shown on the trial of an offense under |
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| 54 | 54 | | Subsection (a) that the defendant has previously been convicted one |
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| 55 | 55 | | or more times of an offense punishable under Subsection (i), the |
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| 56 | 56 | | offense is punishable by, as applicable: |
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| 57 | 57 | | (1) a fine according to the schedules as provided by |
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| 58 | 58 | | Subsection (c); or |
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| 59 | 59 | | (2) a fine calculated in the manner described by |
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| 60 | 60 | | Subsection (d). |
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| 61 | 61 | | SECTION 2. The change in law made by this Act applies only |
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| 62 | 62 | | to an offense committed on or after the effective date of this Act. |
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| 63 | 63 | | An offense committed before the effective date of this Act is |
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| 64 | 64 | | governed by the law in effect on the date the offense was committed, |
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| 65 | 65 | | and the former law is continued in effect for that purpose. For |
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| 66 | 66 | | purposes of this section, an offense was committed before the |
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| 67 | 67 | | effective date of this Act if any element of the offense occurred |
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| 68 | 68 | | before that date. |
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| 69 | 69 | | SECTION 3. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2019. |
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| 74 | 74 | | |
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| 75 | 75 | | Pounds Overweight Fine Range |
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| 76 | 76 | | |
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| 77 | 77 | | less than 2,500 $100 to $500 |
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| 78 | 78 | | |
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| 79 | 79 | | 2,500-5,000 $500 to $1,000 |
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| 80 | 80 | | |
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| 81 | 81 | | more than 5,000 $1,000 to $2,500; or |
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| 82 | 82 | | |
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| 83 | 83 | | Pounds Overweight Fine Range |
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| 84 | 84 | | |
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| 85 | 85 | | less than 2,500 $100 to $500 |
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| 86 | 86 | | |
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| 87 | 87 | | 2,500-5,000 $500 to $1,000 |
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| 88 | 88 | | |
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| 89 | 89 | | 5,001-10,000 $1,000 to $2,500 |
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| 90 | 90 | | |
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| 91 | 91 | | 10,001-20,000 $2,500 to $5,000 |
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| 92 | 92 | | |
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| 93 | 93 | | 20,001-40,000 $5,000 to $7,000 |
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| 94 | 94 | | |
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| 95 | 95 | | more than 40,000 $7,000 to $10,000 |
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