By: Birdwell S.B. No. 2200
(In the Senate - Filed March 11, 2025; March 24, 2025, read
first time and referred to Committee on Border Security;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2200 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the operation or movement of certain
overweight vehicles transporting hazardous materials under certain
circumstances; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 621, Transportation Code,
is amended by adding Section 621.512 to read as follows:
Sec. 621.512. OPERATION OR MOVEMENT OF CERTAIN OVERWEIGHT
VEHICLES TRANSPORTING HAZARDOUS MATERIALS PROHIBITED UNDER CERTAIN
CIRCUMSTANCES. (a) A person commits an offense if the person
operates or moves an overweight vehicle described by Subsection (b)
on a public highway:
(1) that is not included in the route designated under
the permit under which the vehicle is operating; or
(2) without a permit authorizing the movement of the
vehicle and the vehicle exceeds the maximum gross weight authorized
for the vehicle by at least five percent.
(b) Subsection (a) applies only to an overweight vehicle
with three axles that is transporting in a cargo tank hazardous
materials in a quantity requiring placarding by a regulation issued
under the Hazardous Materials Transportation Act (49 U.S.C. Section
5101 et seq.).
(c) An offense under this section is a felony of the second
degree.
(d) It is an affirmative defense to prosecution of an
offense 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.
(e) It is an affirmative defense to prosecution of an
offense under Subsection (a)(1) that, at the time of the offense,
the vehicle was being operated or moved in compliance with a permit
authorizing the movement of the vehicle issued by the department or
a political subdivision of this state.
SECTION 2. This Act takes effect September 1, 2025.
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