| 1 | 1 | | 89R10391 GP-F |
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| 2 | 2 | | By: Hall S.B. No. 1480 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to transporting an unsecured load; creating a criminal |
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| 10 | 10 | | offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Chapter 725, Transportation Code, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | CHAPTER 725. TRANSPORTATION OF UNSECURED LOAD [LOOSE MATERIALS] |
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| 15 | 15 | | SECTION 2. Section 725.001(1), Transportation Code, is |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (1) "Load" means any object placed on a vehicle for |
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| 18 | 18 | | transportation [a load of loose material]. |
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| 19 | 19 | | SECTION 3. Section 725.002, Transportation Code, is amended |
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| 20 | 20 | | to read as follows: |
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| 21 | 21 | | Sec. 725.002. APPLICABILITY. (a) Except as provided by |
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| 22 | 22 | | this section, this [This] chapter applies to any motor vehicle, |
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| 23 | 23 | | trailer, or semitrailer operated on a public highway. |
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| 24 | 24 | | (b) This chapter does not apply to: |
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| 25 | 25 | | (1) [except] a vehicle or construction or mining |
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| 26 | 26 | | equipment that is: |
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| 27 | 27 | | (A) [(1)] moving between construction barricades |
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| 28 | 28 | | on a public works project; or |
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| 29 | 29 | | (B) [(2)] crossing a public highway; |
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| 30 | 30 | | (2) an agricultural product in its natural state that |
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| 31 | 31 | | is loaded or contained on a vehicle manufactured specifically to |
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| 32 | 32 | | transport the product; or |
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| 33 | 33 | | (3) a commercial motor vehicle as defined by Section |
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| 34 | 34 | | 644.001 in intrastate or interstate commerce that is regulated by |
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| 35 | 35 | | 49 C.F.R. Sections 392.9 and 393.100-136, unless a peace officer |
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| 36 | 36 | | not certified under Section 644.101: |
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| 37 | 37 | | (A) witnesses the load is unsecured and poses an |
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| 38 | 38 | | imminent hazard to other users of a highway; or |
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| 39 | 39 | | (B) is conducting an investigation as the result |
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| 40 | 40 | | of the load falling from a vehicle. |
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| 41 | 41 | | SECTION 4. Section 725.003, Transportation Code, is amended |
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| 42 | 42 | | by amending Subsection (a) and adding Subsection (b-1) to read as |
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| 43 | 43 | | follows: |
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| 44 | 44 | | (a) A person or the person's agent or employee may not |
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| 45 | 45 | | transport a load [loose material] in violation of this chapter. |
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| 46 | 46 | | (b-1) A person commits an offense if the person operates a |
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| 47 | 47 | | vehicle and a load: |
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| 48 | 48 | | (1) falls from the vehicle onto the roadway; or |
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| 49 | 49 | | (2) is positioned on the vehicle in a manner to create |
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| 50 | 50 | | an imminent hazard while the vehicle is in operation on a public |
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| 51 | 51 | | street or highway. |
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| 52 | 52 | | SECTION 5. The heading to Subchapter B, Chapter 725, |
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| 53 | 53 | | Transportation Code, is amended to read as follows: |
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| 54 | 54 | | SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOAD [LOOSE MATERIALS] |
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| 55 | 55 | | SECTION 6. Subchapter B, Chapter 725, Transportation Code, |
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| 56 | 56 | | is amended by adding Section 725.0201 to read as follows: |
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| 57 | 57 | | Sec. 725.0201. CONTAINING LOAD GENERALLY. A vehicle |
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| 58 | 58 | | subject to this chapter shall be operated to prevent a load from |
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| 59 | 59 | | becoming loose, detached, or in any manner a hazard to other users |
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| 60 | 60 | | of a public street or highway. |
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| 61 | 61 | | SECTION 7. Sections 725.021(b) and (c), Transportation |
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| 62 | 62 | | Code, are amended to read as follows: |
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| 63 | 63 | | (b) A vehicle bed carrying a load of loose material: |
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| 64 | 64 | | (1) may not have a hole, crack, or other opening |
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| 65 | 65 | | through which loose material can escape; and |
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| 66 | 66 | | (2) shall be enclosed: |
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| 67 | 67 | | (A) on both sides by side panels; |
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| 68 | 68 | | (B) on the front by a panel or the vehicle cab; |
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| 69 | 69 | | and |
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| 70 | 70 | | (C) on the rear by a tailgate or panel. |
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| 71 | 71 | | (c) Except as provided by Subsection (e), the load of loose |
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| 72 | 72 | | material shall be covered and the covering firmly secured at the |
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| 73 | 73 | | front and back, unless the load: |
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| 74 | 74 | | (1) is completely enclosed by the load-carrying |
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| 75 | 75 | | compartment; or |
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| 76 | 76 | | (2) does not blow from or spill over the top of the |
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| 77 | 77 | | load-carrying compartment. |
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| 78 | 78 | | SECTION 8. This Act takes effect July 1, 2025, if it |
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| 79 | 79 | | receives a vote of two-thirds of all the members elected to each |
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| 80 | 80 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 81 | 81 | | If this Act does not receive the vote necessary to take effect on |
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| 82 | 82 | | that date, this Act takes effect September 1, 2025. |
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