H.B. No. 799
AN ACT
relating to liability for certain damage caused by vehicles
exceeding maximum height limitations; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.207(c), Transportation Code, is
amended to read as follows:
(c) The owner of a vehicle is strictly liable for any [Any]
damage to a bridge, underpass, or similar structure that is caused
by the height of the [a] vehicle unless at the time the damage was
caused:
(1) the vehicle was stolen;
(2) the vertical clearance of the structure was less
than that posted on the structure;
(3) the vehicle was being operated under the immediate
direction of a law enforcement agency; or
(4) the vehicle was being operated in compliance with
a permit authorizing the movement of the vehicle issued by the
department or a political subdivision of this state [is the
responsibility of the owner of the vehicle].
SECTION 2. Section 621.504, Transportation Code, is amended
to read as follows:
Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE; OFFENSE. (a)
A person commits an offense if the person operates [may not operate]
or attempts [attempt] to operate a vehicle over or on a bridge or
through an underpass or similar structure unless the height of the
vehicle, including load, is less than the vertical clearance of the
structure as shown by the records of the Texas Department of
Transportation.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) If it is shown on the trial of an offense under this
section that the person was not in compliance with all applicable
license and permit requirements for the operation of the vehicle,
an offense under this section is a Class B misdemeanor punishable
by:
(1) a fine not to exceed $500;
(2) confinement in county jail for a term not to exceed
30 days; or
(3) both the fine and the confinement.
(d) It is an affirmative defense to prosecution of an
offense under this section that at the time of the offense:
(1) the vertical clearance of the structure was less
than that posted on the structure;
(2) the vehicle was being operated under the immediate
direction of a law enforcement agency; or
(3) the vehicle was being operated in compliance with
a permit authorizing the movement of the vehicle issued by the
department or a political subdivision of this state.
SECTION 3. Section 623.148(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by Section 621.207, the [The] owner
of a vehicle involved in the movement of an oversize or overweight
vehicle, even if a permit has been issued for the movement, is
strictly liable for any damage the movement causes the highway
system or any of its structures or appurtenances.
SECTION 4. Section 623.198(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by Section 621.207, the [The] owner
of a vehicle involved in the movement of an oversize or overweight
vehicle, even if a permit has been issued for the movement, is
strictly liable for any damage the movement causes the highway
system or any of its structures or appurtenances.
SECTION 5. Sections 621.207(c), 623.148(b), and
623.198(b), Transportation Code, as amended by this Act, apply only
to damage that occurs on or after the effective date of this Act.
Damage that occurs before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 6. Section 621.504, 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 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 799 was passed by the House on April
11, 2019, by the following vote: Yeas 143, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 799 was passed by the Senate on May
10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor