Section 623.019 - Violations of Subchapter; Offenses(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(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 $250.(c) An offense under Subsection (a) is a misdemeanor and, except as provided by Subsection (d), is punishable by a fine according to the following schedules if the offense involves a vehicle:(1) having a single axle weight or tandem axle weight that is heavier than the vehicle's allowable weight: Pounds Overweight | Fine Range |
less than 2,500 | $100 to $500 |
2,500-5,000 | $500 to $1,000 |
more than 5,000 | $1,000 to $2,500; or |
(2) having a gross weight that is heavier than the vehicle's allowable gross weight: Pounds Overweight | Fine Range |
less than 2,500 | $100 to $500 |
2,500-5,000 | $500 to $1,000 |
5,001-10,000 | $1,000 to $2,500 |
10,001-20,000 | $2,500 to $5,000 |
20,001-40,000 | $5,000 to $7,000 |
more than 40,000 | $7,000 to $10,000 |
(d) On conviction of a third offense under Subsection (a), before the first anniversary of the date of a previous conviction under that subsection, the defendant shall be punished by a fine in an amount not to exceed twice the maximum 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 or municipal court has jurisdiction of an offense under this section.(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.(h) A fine may not be imposed under this section that exceeds the minimum dollar amount that may be imposed unless the vehicle's weight was determined by a portable or stationary scale furnished or approved by the Department of Public Safety.Tex. Transp. Code § 623.019
Acts 2017, 85th Leg., R.S., Ch. 108 (S.B. 1524), Sec. 6, eff. January 1, 2018Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 111, eff. September 1, 2013Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(c), eff. Sept. 1, 1997.