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 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.