Tex. Transp. Code Section 621.508
Affirmative Defense for Operating Vehicle over Maximum Allowable Weight

(a)

Except as provided by Subsection (a-1), it is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a single axle weight or tandem axle weight heavier than the axle weight authorized by law that at the time of the offense the vehicle:

(1)

had a single axle weight or tandem axle weight that was not heavier than the axle weight authorized by law plus 12 percent;

(2)

was loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are:

(A)

in their natural state; and

(B)

being transported from the place of production to the place of first marketing or first processing; and

(3)

was not being operated on a portion of the national system of interstate and defense highways.

(a-1)

The affirmative defense provided by Subsection (a) does not apply to the excess weights authorized under Section 623.421 (Permit for Vehicles Transporting Fluid Milk)(b).

(b)

It is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a single axle weight, tandem axle weight, or gross weight heavier than the weight authorized by law that at the time of the offense the weight enforcement officer failed to follow the weighing procedures established under Section 621.402 (Weighing Loaded Vehicle)(e) when determining the weight of the vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 28, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 715 (H.B. 1252), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 750 (S.B. 1383), Sec. 1, eff. January 1, 2018.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.002(20), eff. September 1, 2019.

Source: Section 621.508 — Affirmative Defense for Operating Vehicle over Maximum Allowable Weight, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­621.­htm#621.­508 (accessed Jun. 5, 2024).

621.001
Definitions 621.002
Vehicle Registration Receipt for Certain Heavy Vehicles 621.003
Reciprocal Agreement with Another State for Issuance of Permits 621.004
Admissibility of Certificate of Vertical Clearance 621.005
Effect of Increased Limits by United States 621.006
Restricted Operation on Certain Holidays 621.007
Evidence of Violation 621.008
Rulemaking Authority 621.101
Maximum Weight of Vehicle or Combination 621.102
Authority to Set Maximum Weights 621.201
Maximum Width 621.202
Commission’s Authority to Set Maximum Width 621.203
Maximum Length of Motor Vehicle 621.204
Maximum Length of Semitrailer or Trailer 621.205
Maximum Length of Vehicle Combinations 621.206
Maximum Extended Length of Load 621.207
Maximum Height 621.301
County’s Authority to Set Maximum Weights 621.302
Exception to County’s Weight Limitations 621.303
Municipal Regulation of Loads and Equipment 621.304
Restriction on Local Government Authority to Regulate Overweight Vehicles and Loads on State Highway System 621.351
Escrow Account for Prepayment of Permit Fees 621.352
Fees for Permits Issued Under Reciprocal Agreement 621.353
Distribution of Fee for Permit for Excess Weight 621.354
Disposition of Fees for Permit for Movement of Cylindrical Hay Bales 621.355
Distribution of Fees for Registration of Additional Weight 621.356
Form of Payment 621.401
Definition 621.402
Weighing Loaded Vehicle 621.403
Unloading Vehicle if Gross Weight Exceeded 621.404
Unloading Vehicle if Axle Weight Exceeded 621.405
Unloading Exceptions 621.406
Additional Gross Weight Registration 621.407
Forms 621.408
Powers of Weight Enforcement Officers 621.409
Weighing of Loaded Vehicles by Port-of-entry Supervisors, Inspectors, or Weight Enforcement Officers 621.410
Weight Record 621.411
Joint Operation of Certain Fixed-site Facilities 621.501
Failure to Carry or Present Vehicle License Receipt 621.502
Prohibitions on Size and Weight 621.503
Prohibition of Loading More than Size or Weight Limitation 621.504
Bridge or Underpass Clearance 621.506
Offense of Operating or Loading Overweight Vehicle 621.507
General Offense 621.508
Affirmative Defense for Operating Vehicle over Maximum Allowable Weight 621.509
Failure to Maintain Weight Record 621.510
Permit Void 621.511
Name on Permit 621.2061
Exception to Maximum Extended Length of Load: Certain Motor Vehicles 621.4015
Designation by Commissioners Court
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 621.508’s source at texas​.gov