BILL ANALYSIS Senate Research Center S.B. 2200 89R8730 JRR-D By: Birdwell Border Security 4/7/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT During the interim, the Senate Committee on Border Security heard testimony relating to the increase in criminal activity involving motor fuel and Mexican cartels, including fuel theft, overweight and off-route fuels trucks, unregulated fuel depots, and transloading operations. For overweight trucks transporting export materials, oversize/overweight (OS/OW) corridors provide the most direct route from the ports to the international bridges. OS/OW permits can be obtained online and must be presented at the port before a truck is loaded with product. These permits provide the most direct route for transporting goods as well as cover the cost of roadway damage. Recently, law enforcement agencies have noticed an uptick in criminal activity related to motor fuel, including the increase of truckers failing to adhere to their permitted route on an overweight corridor. The failure to remain on designated OS/OW routes poses serious risks to public safety, environmental standards, and can negatively impact state commerce. Under S.B. 2200, departure from the route designated under an OS/OW permit while hauling fuel or other hazardous materials is a second degree felony offense. As proposed, S.B. 2200 amends current law relating to the creation of a criminal offense for operating or moving an overweight vehicle transporting hazardous materials on a route other than the designated permit route. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter G, Chapter 621, Transportation Code, by adding Section 621.512, as follows: Sec. 621.512. PROHIBITION ON OPERATING OVERWEIGHT VEHICLE TRANSPORTING HAZARDOUS MATERIALS ON ROUTE OTHER THAN DESIGNATED PERMIT ROUTE. (a) Provides that a person commits an offense if the person operates or moves an overweight vehicle transporting hazardous materials under a permit issued under Subtitle E (Vehicle Size and Weight), Title 7 (Vehicles and Traffic), on a public highway that is not included in the route designated under the permit. (b) Provides that an offense under this section is a felony of the second degree. (c) Provides that it is an affirmative defense to prosecution under this section that, at the time of the offense, the vehicle was being operated or moved under the immediate direction of a law enforcement agency or in compliance with a permit authorizing the movement of the vehicle issued by the Texas Department of Motor Vehicles or a political subdivision of this state. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2200
89R8730 JRR-D By: Birdwell
Border Security
4/7/2025
As Filed
Senate Research Center
S.B. 2200
89R8730 JRR-D
By: Birdwell
Border Security
4/7/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
During the interim, the Senate Committee on Border Security heard testimony relating to the increase in criminal activity involving motor fuel and Mexican cartels, including fuel theft, overweight and off-route fuels trucks, unregulated fuel depots, and transloading operations. For overweight trucks transporting export materials, oversize/overweight (OS/OW) corridors provide the most direct route from the ports to the international bridges. OS/OW permits can be obtained online and must be presented at the port before a truck is loaded with product. These permits provide the most direct route for transporting goods as well as cover the cost of roadway damage.
Recently, law enforcement agencies have noticed an uptick in criminal activity related to motor fuel, including the increase of truckers failing to adhere to their permitted route on an overweight corridor. The failure to remain on designated OS/OW routes poses serious risks to public safety, environmental standards, and can negatively impact state commerce. Under S.B. 2200, departure from the route designated under an OS/OW permit while hauling fuel or other hazardous materials is a second degree felony offense.
As proposed, S.B. 2200 amends current law relating to the creation of a criminal offense for operating or moving an overweight vehicle transporting hazardous materials on a route other than the designated permit route.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter G, Chapter 621, Transportation Code, by adding Section 621.512, as follows:
Sec. 621.512. PROHIBITION ON OPERATING OVERWEIGHT VEHICLE TRANSPORTING HAZARDOUS MATERIALS ON ROUTE OTHER THAN DESIGNATED PERMIT ROUTE. (a) Provides that a person commits an offense if the person operates or moves an overweight vehicle transporting hazardous materials under a permit issued under Subtitle E (Vehicle Size and Weight), Title 7 (Vehicles and Traffic), on a public highway that is not included in the route designated under the permit.
(b) Provides that an offense under this section is a felony of the second degree.
(c) Provides that it is an affirmative defense to prosecution under this section that, at the time of the offense, the vehicle was being operated or moved under the immediate direction of a law enforcement agency or in compliance with a permit authorizing the movement of the vehicle issued by the Texas Department of Motor Vehicles or a political subdivision of this state.
SECTION 2. Effective date: September 1, 2025.