Bill Text: TX HB2730 | 2011-2012 | 82nd Legislature | Comm Sub

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Bill Title: Relating to weight limits on a vehicle loaded with certain agricultural products.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-03 - Comm. report sent to Local & Consent Calendar [HB2730 Detail]

Download: Texas-2011-HB2730-Comm_Sub.html

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82R22163 NAJ-D
By: White H.B. No. 2730
Substitute the following for H.B. No. 2730:
By: Davis of Dallas C.S.H.B. No. 2730

A BILL TO BE ENTITLED
AN ACT
relating to weight limits on a vehicle loaded with certain
agricultural products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 621.508, Transportation Code, is amended
to read as follows:
Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE
OVER MAXIMUM ALLOWABLE [AXLE] WEIGHT. (a) It is an affirmative
defense to prosecution of, or an action under Subchapter F for, the
offense of operating a vehicle with a gross weight, single axle
weight, or tandem axle weight heavier than the [axle] weight
authorized by law that at the time of the offense the vehicle:
(1) had a gross weight, single axle weight, or tandem
axle weight that was not heavier than the [axle] weight authorized
by law plus 12 percent;
(2) was loaded with timber, pulp wood, wood chips, or
cotton, livestock, or other agricultural products that are:
(A) in their natural state; and
(B) being transported from the place of
production to the place of first marketing or first processing; and
(3) was not being operated on a portion of the national
system of interstate and defense highways.
(b) It is an affirmative defense to prosecution of, or an
action under Subchapter F for, the offense of operating a vehicle
with a single axle weight or tandem axle weight heavier than the
axle weight authorized by law that at the time of the offense the
vehicle:
(1) was issued a permit under Section 623.011;
(2) was loaded with timber, pulp wood, wood chips, or
cotton, livestock, or other agricultural products that are:
(A) in their natural state; and
(B) being transported from the place of
production to the place of first marketing or first processing; and
(3) was not being operated on a portion of the national
system of interstate and defense highways.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.