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Texas Statutes (Last Updated: January 4, 2014) |
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TRANSPORTATION CODE |
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Title 7. VEHICLES AND TRAFFIC |
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Subtitle E. VEHICLE SIZE AND WEIGHT |
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Chapter 623. PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES |
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Subchapter B. GENERAL PERMITS |
Sec. 623.019. VIOLATIONS OF SUBCHAPTER; OFFENSES
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(a) A person who holds a permit issued under Section 623.011 commits an offense if:
(1) the person:
(A) operates or directs the operation of the vehicle for which the permit was issued on a public highway or road; and
(B) is criminally negligent with regard to the operation of the vehicle at a weight heavier than the weight limit authorized by Section 623.011; or
(2) the person operates or directs the operation of the vehicle for which the permit was issued:
(A) in a county not designated in the person's application under Section 623.0111; and
(B) at a weight heavier than a weight limit established under:
(i) Subchapter E, Chapter 251;
(ii) Chapter 621 or 622; or
(iii) this chapter.
(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 $100 or more than $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 $300 or more than $500 if the offense involves a vehicle having a gross weight that is heavier than 5,000 but not heavier than 10,000 pounds over the vehicle's allowable gross weight; or
(2) not less than $500 or more than $1,000 if the offense involves a vehicle having a gross weight that is at least 10,000 pounds heavier than the vehicle's allowable gross weight.
(d) 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).
(e) A governmental entity collecting a fine under Subsection (c) shall send an amount equal to 50 percent of the fine to the comptroller.
(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.
(g) A justice or judge who renders a conviction under this section shall report the conviction to the Department of Public Safety. The Department of Public Safety shall keep a record of each conviction reported under this subsection.