Tex.
Transp. Code Section 623.019
Violations of Subchapter; Offenses
(a)
A person who holds a permit issued under Section 623.011 (Permit for Excess Axle or Gross Weight) 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 (Permit for Excess Axle or Gross Weight); 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 (Additional Fee for Operation of Vehicle Under Permit); and(B)
at a weight heavier than a weight limit established under:(i)
Subchapter E (Authority of Commissioners Court to Regulate Certain Roads), Chapter 251 (General County Authority Relating to Roads and Bridges);(ii)
Chapter 621 (General Provisions Relating to Vehicle Size and Weight) or 622 (Special Provisions and Exceptions for Oversize or Overweight Vehicles); or(iii)
this chapter.(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:(2)
having a gross weight that is heavier than the vehicle’s allowable gross weight:(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.
Source:
Section 623.019 — Violations of Subchapter; Offenses, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.623.htm#623.019 (accessed Jun. 5, 2024).
