Bill Text: TX SB1671 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the fines for and other enforcement of laws providing for the operation of oversize or overweight vehicles; creating an offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2013-05-07 - Committee report sent to Calendars [SB1671 Detail]

Download: Texas-2013-SB1671-Introduced.html

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83R10517 DRH-F
By: Nichols S.B. No. 1671

A BILL TO BE ENTITLED
AN ACT
relating to the fines for and other enforcement of laws providing
for the operation of oversize or overweight vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 622.017, Transportation Code, as amended
by Chapter 942 (S.B. 889), Acts of the 77th Legislature, Regular
Session, 2001, and repealed by Chapter 941 (S.B. 886), Acts of the
77th Legislature, Regular Session, 2001, is reenacted and amended
to read as follows:
Sec. 622.017. PENALTY. [(d)] A person commits an offense if
the person fails in violation of Section 622.013(c) to carry or
present the copy of the bond filed with the department. An offense
under this section [subsection] is a misdemeanor punishable by a
fine not to exceed $1,000 [$200].
SECTION 2. Subchapter C, Chapter 622, Transportation Code,
is amended by adding Section 622.033 to read as follows:
Sec. 622.033. PENALTIES. (a) A person commits an offense if
the person violates Section 622.031. Except as provided by
Subsections (b) and (c), an offense under this section is a
misdemeanor punishable by a fine of not more than $1,000.
(b) If it is shown at the trial of the offense that the
defendant was previously convicted of an offense under Subsection
(a) not earlier than one year before the trial date, the offense is
a misdemeanor punishable by a fine of not more than $2,500.
(c) If it is shown at the trial of the offense that the
defendant was previously convicted of an offense punishable under
this subsection or Subsection (b) not earlier than one year before
the trial date, the offense is a misdemeanor punishable by a fine of
not more than $1,750.
SECTION 3. Section 622.072(c), Transportation Code, is
amended to read as follows:
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $50 [$10] or more than $200
[$100] for each unit.
SECTION 4. Sections 622.073(b) and (c), Transportation
Code, are amended to read as follows:
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable by a fine of not less than
$200 [$25] or more than $750 [$200].
(c) An offense under this section is a misdemeanor
punishable by a fine of not less than $700 [$200] or more than
$1,500 [$500], confinement in the county jail for a term of not less
than 60 days or more than 180 days, or both the fine and the
confinement if:
(1) the person committing the offense fails or refuses
to exhibit, on demand of a peace officer, a document that contains:
(A) the name, address, and telephone number of
the owner of the unit of special mobile equipment;
(B) the place of origin of the unit, including
the address of and telephone number at that point and the date the
unit was picked up;
(C) the destination of the unit, including the
address or telephone number;
(D) a description of the unit being transported,
including the manufacturer's serial number and other
identification numbers;
(E) a description of the motor vehicle
transporting the unit; and
(F) the name, address, and telephone number of
the person operating the motor vehicle transporting the unit;
(2) the person committing the offense exhibits a false
or forged document purporting to contain the information described
by Subdivision (1); or
(3) on inspection by the peace officer, the peace
officer determines that the identification number of the unit of
special mobile equipment has been removed, covered, or altered.
SECTION 5. Section 622.136, Transportation Code, is amended
to read as follows:
Sec. 622.136. PENALTY. (a) A person commits an offense if
the person fails in violation of Section 622.134(d) to carry or
present the copy of the bond filed with the department. Except as
provided by Subsections (b) and (c), an [An] offense under this
section is a misdemeanor punishable by a fine not to exceed $1,000
[$200].
(b) If it is shown at the trial of the offense that the
defendant was previously convicted of an offense under Subsection
(a) not earlier than one year before the trial date, the offense is
a misdemeanor punishable by a fine of not more than $2,500.
(c) If it is shown at the trial of the offense that the
defendant was previously convicted of an offense punishable under
this subsection or Subsection (b) not earlier than one year before
the trial date, the offense is a misdemeanor punishable by a fine of
not more than $1,750.
SECTION 6. Section 623.011(f), Transportation Code, is
amended to read as follows:
(f) A person commits an offense if the person fails to
display the sticker in the manner required by Subsection (d). An
offense under this subsection is a [Class C] misdemeanor punishable
by a fine of not less than $250 or more than $400. Section
623.019(g) applies to an offense under this subsection.
SECTION 7. Sections 623.019(b), (c), (d), and (f),
Transportation Code, are amended to read as follows:
(b) Except as provided by Subsections (c) and (d), an
offense under Subsection (a) is a misdemeanor punishable by a fine
of not less than $2,500 [$100] or more than $5,000 [$150].
(c) An offense under Subsection (a) is a misdemeanor and,
except as provided by Subsection (d), is punishable by a fine of:
(1) not less than $500 [$300] or more than $750 [$500]
if the offense involves a vehicle having a gross weight that is
heavier than 1,000 [5,000] but not heavier than 5,000 [10,000]
pounds over the vehicle's allowable gross weight; [or]
(2) not less than $1,000 or more than $2,500 if the
offense involves a vehicle having a gross weight that is heavier
than 5,000 pounds but not heavier than 10,000 pounds over the
vehicle's allowable gross weight;
(3) not less than $3,000 or more than $5,000 if the
offense involves a vehicle having a gross weight that is heavier
than 10,000 pounds but not heavier than 20,000 pounds over the
vehicle's allowable gross weight; or
(4) not less than $10,000 [$500] or more than $25,000
[$1,000] if the offense involves a vehicle having a gross weight
that is heavier than 20,000 [at least 10,000] pounds over [heavier
than] the vehicle's allowable gross weight.
(d) Except as otherwise provided by this section, on [On]
conviction before the first anniversary of the date of a previous
conviction under Subsection (a), an offense is punishable by a fine
in an amount that is twice the amount specified by Subsection (c).
On a second or subsequent conviction before the first anniversary
of the date of a previous conviction under Subsection (a), an
offense is punishable by a fine in an amount that is three times the
amount specified by Subsection (c) and forfeiture of the permit.
(f) A justice of the peace has jurisdiction of any offense
under this section. A municipal court has jurisdiction of an
offense under this section in which the fine does not exceed $500.
A county or district court has jurisdiction of an offense under this
section in which the fine exceeds $10,000.
SECTION 8. Section 623.082(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable:
(1) by a fine of not more than $2,500 [$200];
(2) on conviction within one year after the date of a
prior conviction under this section that was punishable under
Subdivision (1), by a fine of not more than $5,000 [$500], by
confinement in the county jail for not more than 60 days, or by both
the fine and the confinement; or
(3) on conviction within one year after the date of a
prior conviction under this section that was punishable under
Subdivision (2) or this subdivision, by a fine of not more than
$4,000 [$1,000], by confinement in the county jail for not more than
six months, or by both the fine and the confinement.
SECTION 9. Section 623.104(b), Transportation Code, is
amended to read as follows:
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 [$200]
or more than $5,000 [$500] for failure to:
(1) obtain a permit;
(2) have a required rotating amber beacon on the
manufactured house or towing vehicle;
(3) provide a required escort flag vehicle; or
(4) have the required insurance.
SECTION 10. Section 623.105(b), Transportation Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of $5,000 [$1,000].
SECTION 11. Subchapter G, Chapter 623, Transportation Code,
is amended by adding Section 623.151 to read as follows:
Sec. 623.151. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a Class C
misdemeanor.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the board or with a
condition placed on a permit issued under this subchapter. The
civil penalty:
(1) may be awarded by a court having jurisdiction over
a Class C misdemeanor; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 12. Section 623.165, Transportation Code, is
amended to read as follows:
Sec. 623.165. PENALTY. (a) A person commits an offense if
the person fails in violation of Section 623.163(d) to carry or
present the copy of the bond filed with the department. An offense
under this section is a misdemeanor punishable by a fine not to
exceed $2,000 [$200].
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to obtain a bond required by this
subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 13. Subchapter J, Chapter 623, Transportation Code,
is amended by adding Section 623.201 to read as follows:
Sec. 623.201. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a Class C
misdemeanor.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the board or with a
condition placed on a permit issued under this subchapter. The
civil penalty:
(1) may be awarded by a court having jurisdiction over
a Class C misdemeanor; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 14. Subchapter K, Chapter 623, Transportation Code,
is amended by adding Section 623.220 to read as follows:
Sec. 623.220. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $750.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for violation of this subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 15. Subchapter L, Chapter 623, Transportation Code,
is amended by adding Section 623.240 to read as follows:
Sec. 623.240. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $750.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the Texas
Transportation Commission related to a permit issued under this
subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 16. Subchapter M, Chapter 623, Transportation Code,
is amended by adding Section 623.260 to read as follows:
Sec. 623.260. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $750.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the Texas
Transportation Commission related to a permit issued under this
subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 17. Subchapter O, Chapter 623, Transportation Code,
is amended by adding Section 623.289 to read as follows:
Sec. 623.289. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $750.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the Texas
Transportation Commission related to a permit issued under this
subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 18. Subchapter P, Chapter 623, Transportation Code,
is amended by adding Section 623.311 to read as follows:
Sec. 623.311. CRIMINAL AND CIVIL PENALTIES. (a) A person
commits an offense if the person violates a provision of this
subchapter. An offense under this subsection is a misdemeanor
punishable by a fine of not less than $500 or more than $750.
(b) A person convicted of an offense under Subsection (a)
may also be assessed a civil penalty of not less than $3,000 or more
than $5,000 for failure to comply with a rule of the Texas
Transportation Commission related to a permit issued under this
subchapter. The civil penalty:
(1) may be awarded by a court having jurisdiction over
misdemeanors; and
(2) shall be paid to the county in which the person was
convicted.
SECTION 19. The changes in law made by this Act apply 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 20. This Act takes effect September 1, 2013.