87R1835 JRR-F
By: Murr H.B. No. 3866
A BILL TO BE ENTITLED
AN ACT
relating to the offense of operating or loading an overweight
vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.506, Transportation Code, is amended
by adding Subsections (a-1), (d-1), (d-2), and (d-3) and amending
Subsections (d) and (e) to read as follows:
(a-1) Criminal responsibility for an offense under this
section extends, in the manner authorized by Section 7.22, Penal
Code, to a corporation, an association, a limited liability
company, or another business entity that employs a person who
commits an offense under this section during the course and scope of
the person's employment.
(d) A judge or justice shall promptly report to the
department and the Department of Public Safety each conviction
obtained in the judge's or the justice's court under this section.
The department and the Department of Public Safety shall keep a
record of each conviction reported to it under this subsection.
(d-1) This subsection applies to a fine assessed on
conviction of an offense under this section that is committed by an
entity described by Subsection (a-1) or an employee of the entity
during the course and scope of the person's employment. If the fine
assessed on conviction of an offense is not paid before the 31st day
after the date the fine was assessed, the judge or justice of the
convicting court shall promptly report to the department:
(1) the entity's failure to pay the fine; and
(2) if the entity subsequently pays the full amount of
a fine reported under Subdivision (1), the entity's payment of the
fine.
(d-2) The department shall keep a record of each failure to
pay and subsequent payment reported to the department under
Subsection (d-1).
(d-3) The department, under Section 623.271 and subject to
the notice and hearing requirements applicable to that section,
shall revoke each permit issued under this subtitle to an entity
described by Subsection (a-1) if:
(1) the department receives notice under Subsection
(d-1)(1) of the entity's failure to pay; and
(2) at the time the department receives the notice
described by Subdivision (1), the entity has not paid the full
amount of two or more fines that were previously reported to the
department under Subsection (d-1)(1) and at least two of those
fines were not assessed for offenses under this section arising
from the same criminal episode.
(e) If an entity described by Subsection (a-1) [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
entity [corporation] to collect the fine.
SECTION 2. The change in law made 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, 2021.