Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE; OFFENSE. (a) A person commits an offense if the person operates or attempts to operate a vehicle over or on a bridge or through an underpass or similar structure unless the height of the vehicle, including load, is less than the vertical clearance of the structure as shown by the records of the Texas Department of Transportation.

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c) If it is shown on the trial of an offense under this section that the person was not in compliance with all applicable license and permit requirements for the operation of the vehicle, an offense under this section is a Class B misdemeanor punishable by:

(1) a fine not to exceed $500;

(2) confinement in county jail for a term not to exceed 30 days; or

(3) both the fine and the confinement.

(d) It is an affirmative defense to prosecution of an offense under this section that at the time of the offense:

(1) the vertical clearance of the structure was less than that posted on the structure;

(2) the vehicle was being operated under the immediate direction of a law enforcement agency; or

(3) the vehicle was being operated in compliance with a permit authorizing the movement of the vehicle issued by the department or a political subdivision of this state.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 64, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 166 (H.B. 799), Sec. 2, eff. September 1, 2019.