Relating to increasing the criminal penalty for loading certain overweight vehicles transporting hazardous materials at a weight that exceeds the weight limitations authorized for the vehicle.

The text as introduced · 380 words

By: Hagenbuch
S.B. No. 167

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for loading certain

overweight vehicles transporting hazardous materials at a weight

that exceeds the weight limitations authorized for the vehicle.

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

SECTION 1. Section 621.506, Transportation Code, is amended

by amending Subsection (b) and adding Subsection (b-4) to read as

follows:

(b) Except as provided by Subsections (b-1), (b-2), [ and ]

(b-3), and (b-4), an offense under this section is a misdemeanor

punishable:

(1) by a fine of not less than $100 and not more than

$250;

(2) on conviction of an offense involving a vehicle

having a single axle weight or tandem axle weight that is heavier

than the vehicle's allowable weight, by a fine according to the

following schedule:

Pounds Overweight
Fine Range

less than 2,500
$100 to $500

2,500-5,000
$500 to $1,000

more than 5,000
$1,000 to $2,500; or

(3) on conviction of an offense involving a vehicle

having a gross weight that is heavier than the vehicle's allowable

weight, by a fine according to the following schedule:

Pounds Overweight
Fine Range

less than 2,500
$100 to $500

2,500-5,000
$500 to $1,000

5,001-10,000
$1,000 to $2,500

10,001-20,000
$2,500 to $5,000

20,001-40,000
$5,000 to $7,000

more than 40,000
$7,000 to $10,000.

(b-4) Notwithstanding any other provision of this section,

an offense under Subsection (a)(2) is a felony of the second degree

if the offense involves a vehicle with three axles that is

transporting fuel or other hazardous materials in a cargo tank, as

defined by Section 162.001, Tax Code, and was loaded at a weight

that exceeds the weight limitations authorized for the vehicle.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2027.