| 2 | | - | (In the Senate - Filed March 11, 2025; March 24, 2025, read |
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| 3 | | - | first time and referred to Committee on Border Security; |
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| 4 | | - | April 14, 2025, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 5, Nays 0; April 14, 2025, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2200 By: Birdwell |
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| 21 | | - | Sec. 621.512. OPERATION OR MOVEMENT OF CERTAIN OVERWEIGHT |
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| 22 | | - | VEHICLES TRANSPORTING HAZARDOUS MATERIALS PROHIBITED UNDER CERTAIN |
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| 23 | | - | CIRCUMSTANCES. (a) A person commits an offense if the person |
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| 24 | | - | operates or moves an overweight vehicle described by Subsection (b) |
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| 25 | | - | on a public highway: |
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| 26 | | - | (1) that is not included in the route designated under |
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| 27 | | - | the permit under which the vehicle is operating; or |
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| 28 | | - | (2) without a permit authorizing the movement of the |
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| 29 | | - | vehicle and the vehicle exceeds the maximum gross weight authorized |
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| 30 | | - | for the vehicle by at least five percent. |
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| 31 | | - | (b) Subsection (a) applies only to an overweight vehicle |
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| 32 | | - | with three axles that is transporting in a cargo tank hazardous |
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| 33 | | - | materials in a quantity requiring placarding by a regulation issued |
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| 34 | | - | under the Hazardous Materials Transportation Act (49 U.S.C. Section |
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| 35 | | - | 5101 et seq.). |
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| 36 | | - | (c) An offense under this section is a felony of the second |
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| 15 | + | Sec. 621.512. PROHIBITION ON OPERATING OVERWEIGHT VEHICLE |
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| 16 | + | TRANSPORTING HAZARDOUS MATERIALS ON ROUTE OTHER THAN DESIGNATED |
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| 17 | + | PERMIT ROUTE. (a) A person commits an offense if the person |
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| 18 | + | operates or moves an overweight vehicle transporting hazardous |
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| 19 | + | materials under a permit issued under this subtitle on a public |
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| 20 | + | highway that is not included in the route designated under the |
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| 21 | + | permit. |
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| 22 | + | (b) An offense under this section is a felony of the second |
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| 38 | | - | (d) It is an affirmative defense to prosecution of an |
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| 39 | | - | offense under this section that, at the time of the offense, the |
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| 40 | | - | vehicle was being operated or moved under the immediate direction |
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| 41 | | - | of a law enforcement agency. |
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| 42 | | - | (e) It is an affirmative defense to prosecution of an |
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| 43 | | - | offense under Subsection (a)(1) that, at the time of the offense, |
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| 44 | | - | the vehicle was being operated or moved in compliance with a permit |
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| 45 | | - | authorizing the movement of the vehicle issued by the department or |
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| 46 | | - | a political subdivision of this state. |
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| 24 | + | (c) It is an affirmative defense to prosecution under this |
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| 25 | + | section that, at the time of the offense, the vehicle was being |
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| 26 | + | operated or moved: |
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| 27 | + | (1) under the immediate direction of a law enforcement |
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| 28 | + | agency; or |
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| 29 | + | (2) in compliance with a permit authorizing the |
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| 30 | + | movement of the vehicle issued by the department or a political |
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| 31 | + | subdivision of this state. |
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