By: Fletcher H.B. No. 3550
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to imposing a law enforcement fee on certain commercial
  motor vehicle offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sec. 621.503.  PROHIBITION OF LOADING MORE THAN
  WEIGHT LIMITATION. (a) A person may not load, or cause to be
  loaded, a vehicle for operation on a public highway of this state
  that exceeds the weight limitations for operation of that vehicle
  provided by Section 621.101.
         (b)  Intent to violate a limitation is presumed if the weight
  of the loaded vehicle is heavier than the applicable axle or gross
  weight limit by 15 percent or more.
         (c)  This section does not apply to the loading of an
  agricultural or a forestry commodity before the commodity is
  changed in processing from its natural state.
         SECTION 2.  Sec. 621.5061.  LAW ENFORCEMENT FEE.  (a)  person
  is subject to a law enforcement fee if the person:
               (1)  loads a vehicle or causes a vehicle to be loaded in
  violation of Section 621.503; or
               (2)  provides false information on a certification of
  weight in violation of Section. 623.272; or
               (3)  operates or loads an overweight vehicle in
  violation of Section 621.506(a)(1) or (a)(2); or
               (4)  uses or allows a motor vehicle to be used in the
  commission of a felony involving the manufacture, distribution, or
  dispensing of a controlled substance, or possession with intent to
  manufacture, distribute or dispense a controlled substance, in
  violation of Transportation Code 522.081(d)(2); or
               (5)  uses or allows a motor vehicle to be used in the
  commission of an offense under 8 U.S.C. Section 1324 that involves
  the transportation, concealment, or harboring of an alien in
  violation of Transportation Code Section 522.081(d)(4).
         (b)  A person convicted of an offense punishable as a
  Misdemeanor under Chapter 621.503, 621.506 or 623.272,
  Transportation Code, shall pay $500 on conviction of each offense.
         (b-1)  A person convicted of an offense punishable as under
  Transportation Code Section 522.081(d)(2) or Section
  522.081(d)(4), shall pay $2000 on conviction of each offense.
         (c)  The comptroller shall deposit the money collected under
  this article in the state treasury to the credit of the general
  revenue fund to be used for law enforcement purposes.
         SECTION 3.  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
  covered by the law in effect when 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 4.  This Act takes effect September 1, 2011.