H.B. No. 799
 
 
 
 
AN ACT
  relating to liability for certain damage caused by vehicles
  exceeding maximum height limitations; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 621.207(c), Transportation Code, is
  amended to read as follows:
         (c)  The owner of a vehicle is strictly liable for any [Any]
  damage to a bridge, underpass, or similar structure that is caused
  by the height of the [a] vehicle unless at the time the damage was
  caused:
               (1)  the vehicle was stolen;
               (2)  the vertical clearance of the structure was less
  than that posted on the structure;
               (3)  the vehicle was being operated under the immediate
  direction of a law enforcement agency; or
               (4)  the vehicle was being operated in compliance with
  a permit authorizing the movement of the vehicle issued by the
  department or a political subdivision of this state [is the
  responsibility of the owner of the vehicle].
         SECTION 2.  Section 621.504, Transportation Code, is amended
  to read as follows:
         Sec. 621.504.  BRIDGE OR UNDERPASS CLEARANCE; OFFENSE. (a)
  A person commits an offense if the person operates [may not operate]
  or attempts [attempt] to operate a vehicle over or on a bridge or
  through an underpass or similar structure unless the height of the
  vehicle, including load, is less than the vertical clearance of the
  structure as shown by the records of the Texas Department of
  Transportation.
         (b)  Except as provided by Subsection (c), an offense under
  this section is a Class C misdemeanor.
         (c)  If it is shown on the trial of an offense under this
  section that the person was not in compliance with all applicable
  license and permit requirements for the operation of the vehicle,
  an offense under this section is a Class B misdemeanor punishable
  by:
               (1)  a fine not to exceed $500;
               (2)  confinement in county jail for a term not to exceed
  30 days; or
               (3)  both the fine and the confinement.
         (d)  It is an affirmative defense to prosecution of an
  offense under this section that at the time of the offense:
               (1)  the vertical clearance of the structure was less
  than that posted on the structure;
               (2)  the vehicle was being operated under the immediate
  direction of a law enforcement agency; or
               (3)  the vehicle was being operated in compliance with
  a permit authorizing the movement of the vehicle issued by the
  department or a political subdivision of this state.
         SECTION 3.  Section 623.148(b), Transportation Code, is
  amended to read as follows:
         (b)  Except as provided by Section 621.207, the [The] owner
  of a vehicle involved in the movement of an oversize or overweight
  vehicle, even if a permit has been issued for the movement, is
  strictly liable for any damage the movement causes the highway
  system or any of its structures or appurtenances.
         SECTION 4.  Section 623.198(b), Transportation Code, is
  amended to read as follows:
         (b)  Except as provided by Section 621.207, the [The] owner
  of a vehicle involved in the movement of an oversize or overweight
  vehicle, even if a permit has been issued for the movement, is
  strictly liable for any damage the movement causes the highway
  system or any of its structures or appurtenances.
         SECTION 5.  Sections 621.207(c), 623.148(b), and
  623.198(b), Transportation Code, as amended by this Act, apply only
  to damage that occurs on or after the effective date of this Act.
  Damage that occurs before the effective date of this Act is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 6.  Section 621.504, Transportation Code, as amended
  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 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 7.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 799 was passed by the House on April
  11, 2019, by the following vote:  Yeas 143, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 799 was passed by the Senate on May
  10, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor