2005 Texas Transportation Code CHAPTER 725. TRANSPORTATION OF LOOSE MATERIALS

TRANSPORTATION CODE

CHAPTER 725. TRANSPORTATION OF LOOSE MATERIALS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 725.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Load" means a load of loose material.                                   
		(2)  "Loose material" means material that can be blown 
or spilled from a vehicle because of movement or exposure to air, 
wind currents, or other weather.  The term includes dirt, sand, 
gravel, and wood chips but excludes an agricultural product in its 
natural state.
		(3)  "Motor vehicle" has the meaning assigned by 
Section 621.001.           
		(4)  "Public highway" includes a public road or street.                       
		(5)  "Semitrailer" has the meaning assigned by Section 
621.001.             
		(6)  "Trailer" has the meaning assigned by Section 
621.001.                 
		(7)  "Vehicle" has the meaning assigned by Section 
621.001.                 

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 725.002. APPLICABILITY.  This chapter applies to any 
motor vehicle, trailer, or semitrailer operated on a public highway 
except:
		(1)  a vehicle or construction or mining equipment that 
is:                 
			(A)  moving between construction barricades on a 
public works project;  or 
			(B)  crossing a public highway;  or                                          
		(2)  a vehicle that is operated at a speed less than 30 
miles per hour.     

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 725.003. OFFENSE;  PENALTY.  (a) A person or the 
person's agent or employee may not transport loose material, 
aggregates, or refuse in violation of this chapter.
	(b)  A person, excluding this state or a political 
subdivision of this state but including an agent or employee of this 
state or a political subdivision of this state, commits an offense 
if the person violates Subsection (a).
	(c)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $25 or more than $500.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2005, 79th Leg., ch. 938, § 1, eff. Sept. 1, 2005.

SUBCHAPTER B. REQUIREMENTS FOR TRANSPORTING LOOSE MATERIALS


	§ 725.021. CONTAINING LOOSE MATERIALS.  (a) A vehicle 
subject to this chapter shall be equipped and maintained as 
required by this section to prevent loose material from escaping by 
blowing or spilling.
	(b)  A vehicle bed carrying a load:                                            
		(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 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 or spill over the top of the 
load-carrying compartment.  
	(d)  The tailgate of the vehicle shall be securely closed to 
prevent spillage during transportation.
	(e)  If the vehicle is a commercial motor vehicle 
transporting aggregates, as defined by Section 133.003, Natural 
Resources Code, or refuse, the load shall be covered and the 
covering firmly secured at the front and back or shall be completely 
enclosed by the load-carrying compartment.  For purposes of this 
section, "commercial motor vehicle" means a motor vehicle, trailer, 
or semitrailer used primarily in the business of transporting 
property.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2005, 79th Leg., ch. 938, § 2, eff. Sept. 1, 2005.


	§ 725.022. MAINTAINING NON-LOAD-CARRYING VEHICLE 
PARTS.  (a) Loose material that is spilled because of loading on a 
vehicle part that does not carry the load shall be removed before 
the vehicle is operated on a public highway.
	(b)  After the vehicle is unloaded and before the vehicle is 
operated on a public highway, residue of transported loose material 
on a vehicle part that does not carry the load shall be removed from 
the vehicle part.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.