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AN ACT
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relating to loose material transported by vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 725.001, Transportation Code, is amended |
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by amending Subdivision (2) and adding Subdivision (4-a) to read as |
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follows: |
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(2) "Loose material" means material that can be blown |
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or spilled from a vehicle because of movement or exposure to air, |
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wind currents, or other weather. The term includes dirt, sand, |
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gravel, refuse, and wood chips but excludes an agricultural product |
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in its natural state. |
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(4-a) "Refuse" means trash, rubbish, garbage, or any |
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other discarded material. |
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SECTION 2. Section 725.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 725.002. APPLICABILITY. This chapter applies to any |
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motor vehicle, trailer, or semitrailer operated on a public highway |
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except[:
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[(1)] a vehicle or construction or mining equipment |
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that is: |
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(1) [(A)] moving between construction barricades on a |
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public works project; or |
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(2) [(B)] crossing a public highway[; or
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[(2)
a vehicle that is operated at a speed less than 30
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miles per hour]. |
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SECTION 3. Subsection (a), Section 725.003, Transportation |
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Code, is amended to read as follows: |
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(a) A person or the person's agent or employee may not |
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transport loose material[, aggregates, or refuse] in violation of |
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this chapter. |
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SECTION 4. Subsections (c) and (e), Section 725.021, |
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Transportation Code, are amended to read as follows: |
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(c) Except as provided by Subsection (e), the load shall be |
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covered and the covering firmly secured at the front and back, |
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unless the load: |
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(1) is completely enclosed by the load-carrying |
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compartment; or |
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(2) does not blow from or spill over the top of the |
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load-carrying compartment. |
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(e) If the vehicle is a commercial motor vehicle |
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transporting loose material [aggregates, as defined by Section
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133.003, Natural Resources Code, or refuse], the load shall be |
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covered and the covering firmly secured at the front and back or |
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shall be completely enclosed by the load-carrying compartment. For |
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purposes of this section, "commercial motor vehicle" means a motor |
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vehicle, trailer, or semitrailer used primarily in the business of |
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transporting property. |
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SECTION 5. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 387 passed the Senate on |
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March 13, 2007, by the following vote: Yeas 29, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 387 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 141, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |