bill widening the unsecured-load law to any object

The text as introduced · 620 words

89R10391 GP-F

By: Hall
S.B. No. 1480

A BILL TO BE ENTITLED

AN ACT

relating to transporting an unsecured load; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 725, Transportation Code,

is amended to read as follows:

CHAPTER 725. TRANSPORTATION OF UNSECURED LOAD [ LOOSE MATERIALS ]

SECTION 2. Section 725.001(1), Transportation Code, is

amended to read as follows:

(1) "Load" means any object placed on a vehicle for

transportation [ a load of loose material ].

SECTION 3. Section 725.002, Transportation Code, is amended

to read as follows:

Sec. 725.002. APPLICABILITY. (a) Except as provided by

this section, this [ This ] chapter applies to any motor vehicle,

trailer, or semitrailer operated on a public highway .

(b) This chapter does not apply to:

(1) [ except ] a vehicle or construction or mining

equipment that is:

(A) [ (1) ] moving between construction barricades

on a public works project; or

(B) [ (2) ] crossing a public highway ;

(2) an agricultural product in its natural state that

is loaded or contained on a vehicle manufactured specifically to

transport the product; or

(3) a commercial motor vehicle as defined by Section

644.001 in intrastate or interstate commerce that is regulated by

49 C.F.R. Sections 392.9 and 393.100-136, unless a peace officer

not certified under Section 644.101:

(A) witnesses the load is unsecured and poses an

imminent hazard to other users of a highway; or

(B) is conducting an investigation as the result

of the load falling from a vehicle .

SECTION 4. Section 725.003, Transportation Code, is amended

by amending Subsection (a) and adding Subsection (b-1) to read as

follows:

(a) A person or the person's agent or employee may not

transport a load [ loose material ] in violation of this chapter.

(b-1) A person commits an offense if the person operates a

vehicle and a load:

(1) falls from the vehicle onto the roadway; or

(2) is positioned on the vehicle in a manner to create

an imminent hazard while the vehicle is in operation on a public

street or highway.

SECTION 5. The heading to Subchapter B, Chapter 725,

Transportation Code, is amended to read as follows:

SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOAD [ LOOSE MATERIALS ]

SECTION 6. Subchapter B, Chapter 725, Transportation Code,

is amended by adding Section 725.0201 to read as follows:

Sec. 725.0201. CONTAINING LOAD GENERALLY. A vehicle

subject to this chapter shall be operated to prevent a load from

becoming loose, detached, or in any manner a hazard to other users

of a public street or highway.

SECTION 7. Sections 725.021(b) and (c), Transportation

Code, are amended to read as follows:

(b) A vehicle bed carrying a load of loose material :

(1) may not have a hole, crack, or other opening

through which loose material can escape; and

(2) shall be enclosed:

(A) on both sides by side panels;

(B) on the front by a panel or the vehicle cab;

and

(C) on the rear by a tailgate or panel.

(c) Except as provided by Subsection (e), the load of loose

material shall be covered and the covering firmly secured at the

front and back, unless the load:

(1) is completely enclosed by the load-carrying

compartment; or

(2) does not blow from or spill over the top of the

load-carrying compartment.

SECTION 8. This Act takes effect July 1, 2025, 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 to take effect on

that date, this Act takes effect September 1, 2025.