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: (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.