89R10391 GP-F     By: Hall S.B. No. 1480       A BILL TO BE ENTITLED   AN ACT   relating to transporting an unsecured load; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 725, Transportation Code,   is amended to read as follows:   CHAPTER 725. TRANSPORTATION OF UNSECURED LOAD [LOOSE MATERIALS]          SECTION 2.  Section 725.001(1), Transportation Code, is   amended to read as follows:                (1)  "Load" means any object placed on a vehicle for   transportation [a load of loose material].          SECTION 3.  Section 725.002, Transportation Code, is amended   to read as follows:          Sec. 725.002.  APPLICABILITY. (a) Except as provided by   this section, this [This] chapter applies to any motor vehicle,   trailer, or semitrailer operated on a public highway.          (b)  This chapter does not apply to:                (1)  [except] a vehicle or construction or mining   equipment that is:                      (A) [(1)]  moving between construction barricades   on a public works project; or                      (B) [(2)]  crossing a public highway;                (2)  an agricultural product in its natural state that   is loaded or contained on a vehicle manufactured specifically to   transport the product; or                (3)  a commercial motor vehicle as defined by Section   644.001 in intrastate or interstate commerce that is regulated by   49 C.F.R. Sections 392.9 and 393.100-136, unless a peace officer   not certified under Section 644.101:                      (A)  witnesses the load is unsecured and poses an   imminent hazard to other users of a highway; or                      (B)  is conducting an investigation as the result   of the load falling from a vehicle.          SECTION 4.  Section 725.003, Transportation Code, is amended   by amending Subsection (a) and adding Subsection (b-1) to read as   follows:          (a)  A person or the person's agent or employee may not   transport a load [loose material] in violation of this chapter.          (b-1)  A person commits an offense if the person operates a   vehicle and a load:                (1)  falls from the vehicle onto the roadway; or                (2)  is positioned on the vehicle in a manner to create   an imminent hazard while the vehicle is in operation on a public   street or highway.          SECTION 5.  The heading to Subchapter B, Chapter 725,   Transportation Code, is amended to read as follows:   SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOAD [LOOSE MATERIALS]          SECTION 6.  Subchapter B, Chapter 725, Transportation Code,   is amended by adding Section 725.0201 to read as follows:          Sec. 725.0201.  CONTAINING LOAD GENERALLY. A vehicle   subject to this chapter shall be operated to prevent a load from   becoming loose, detached, or in any manner a hazard to other users   of a public street or highway.          SECTION 7.  Sections 725.021(b) and (c), Transportation   Code, are amended to read as follows:          (b)  A vehicle bed carrying a load of loose material:                (1)  may not have a hole, crack, or other opening   through which loose material can escape; and                (2)  shall be enclosed:                      (A)  on both sides by side panels;                      (B)  on the front by a panel or the vehicle cab;   and                      (C)  on the rear by a tailgate or panel.          (c)  Except as provided by Subsection (e), the load of loose   material shall be covered and the covering firmly secured at the   front and back, unless the load:                (1)  is completely enclosed by the load-carrying   compartment; or                (2)  does not blow from or spill over the top of the   load-carrying compartment.          SECTION 8.  This Act takes effect July 1, 2025, if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary to take effect on   that date, this Act takes effect September 1, 2025.