Hagenbuch Bill Makes Overweight Hazmat Truck Detours A Felony

The text as introduced · 300 words

By: Hagenbuch
S.B. No. 166

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, 2027.