A permit holder commits an offense if they operate or direct an overweight permitted vehicle in the prohibited manner or in an undesignated county; the offense is a misdemeanor with fines that vary by overweight amount and can increase for a third offense within one year.
Sec. 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 (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: Pounds OverweightFine Rangeless than 2,500$100 to $5002,500-5,000$500 to $1,000more 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 OverweightFine Rangeless than 2,500$100 to $5002,500-5,000$500 to $1,0005,001-10,000$1,000 to $2,50010,001-20,000$2,500 to $5,00020,001-40,000$5,000 to $7,000more 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. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.139(c), eff. Sept. 1, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 111, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 108 (S.B. 1524), Sec. 6, eff. January 1, 2018. SUBCHAPTER C. CONTRACTS FOR CROSSING ROADS