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H.B. No. 754
AN ACT
relating to transportation of loose materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 725.003(a) and (c), Transportation
Code, are amended to read as follows:
(a) A person or the person's agent or employee may not [load
or] transport loose material, aggregates, or refuse in violation of
this chapter.
(c) An offense under this section is a misdemeanor
punishable by a fine of[:
[(1)] not less than $25 or more than [$200 for a first
conviction; and
[(2) not less than $200 or more than] $500 [for a
second or subsequent conviction].
SECTION 2. Section 725.021, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by Subsection (e), the [The] load
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 or spill over the top of the
load-carrying compartment.
(e) If the vehicle is a commercial motor vehicle
transporting aggregates, as defined by Section 133.003, Natural
Resources Code, or refuse, the load shall be covered and the
covering firmly secured at the front and back or shall be completely
enclosed by the load-carrying compartment. For purposes of this
section, "commercial motor vehicle" means a motor vehicle, trailer,
or semitrailer used primarily in the business of transporting
property.
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 754 was passed by the House on April
14, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 754 on May 26, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 754 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor