84(R) - 2015
Transportation & Infrastructure
Relating to uniform weighing procedures requirements for motor vehicle weight enforcement officers.
No significant fiscal implication to the State is anticipated.
This legislation amends Transportation Code section 621.402, which requires the Department of Public Safety to establish a uniform practice for weighing vehicles accurately with stationary or portable scales. It also allows for an affirmative defense that "at the time of the
offense the weight enforcement officer failed to follow the
weighing procedures" established under the proposed section. This bill also gives the Department of Public Safety the ability to revoke or rescind authority if a weight enforcement officer who fails to
comply with the established procedure; which includes enforcement officers of a municipal
police department, sheriff ’s department, or constable’s office that
fails to comply with the proposed amendment to the transportation code.
Vote Recommendation Notes
We support this legislation due to it's commitment to personal responsibility on behalf of a driver and law enforcement. This legislation allows a driver who is being cited for being over legal weight limit, to question the accuracy of the scale and the practices used to determine they were over weight. On the other side, this legislation allows for the revocation of authority to a weight enforcement officer who does not implement the established practices properly.