Criminal Offense

Sec. 644.151. CRIMINAL OFFENSE. (a) A person commits an offense if the person: (1) violates a rule adopted under this chapter; (2) does not permit an inspection authorized under Section 644.104; or (3) knowingly operates a commercial motor vehicle in violation of an out-of-service order issued under 49 C.F.R. Section 385.13(d)(1) or owns, leases, or assigns a person to drive a commercial motor vehicle that is knowingly operated in violation of an out-of-service order issued under 49 C.F.R. Section 385.13(d)(1). (b) An offense under Subsection (a)(1) or (2) is a Class C misdemeanor. (b-1) An offense under Subsection (a)(3) is a Class A misdemeanor, except that the offense is: (1) a state jail felony if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle collision that resulted in bodily injury; or (2) a felony of the second degree if it is shown on the trial of the offense that at the time of the offense the commercial motor vehicle was involved in a motor vehicle collision that resulted in the death of a person. (c) Each day a violation continues under Subsection (a)(1) or each day a person refuses to allow an inspection described under Subsection (a)(2) is a separate offense. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.151(a), eff. Sept. 1, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 703 (H.B. 3254), Sec. 11, eff. January 1, 2018. Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 96, eff. September 1, 2023.