That might refer to failure to secure loose material. http://law.justia.com/codes/texas/2005/tn/***-**-****25.00.html . I would argue that these sections of the code do not fit the description of what you were carrying. (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
The Texas Driver’s Handbook summary of the law is a little broader, but it is not the law, just a summary:
In order to prevent cargo or loose materials from falling or spilling from a vehicle car, truck, trailer, etc. onto the roadway and possibly causing accidents or damage to the roads, state law requires that drivers comply with certain requirements.
State law mandates that no person shall load or transport any loose material on or over the public highways, such as dirt, sand, gravel, wood chips, or other material (except agricultural products in their natural state), that is capable of blowing or spilling from a vehicle unless:
(1) the bed carrying the load must be completely enclosed on both sides and on the front and on the rear by a tailgate, board or panel, and all must be so constructed as to prevent the escape of any
part of the load by blowing or spilling; and
(2) the top of the load must be covered with a canvas, tarpaulin, or other covering firmly secured to the front and back to prevent the escape of the load because of blowing or spilling. This requirement does not apply to any load-carrying compartment that completely encloses the load or to the transporting of any load of loose materials that are not blowing or spilling over the top of the load-carrying compartment.This description does not sound like what you are accused of carrying in the bed of your truck, so the exact wording of the statute might not apply to you. At least it's an argument that you can make to the judge to decide to go that far.
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