Texas 2009 - 81st Regular

Texas House Bill HB2117 Compare Versions

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1	1	81R23154 MTB-D
2	2	By: Oliveira, Lucio III H.B. No. 2117
3	3	Substitute the following for H.B. No. 2117:
4	4	By: Pickett C.S.H.B. No. 2117
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation and continuation of the law authorizing
10	10	the issuance of oversize or overweight vehicle permits by certain
11	11	port authorities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. (a) Section 623.214(b), Transportation Code,
14	14	is amended to read as follows:
15	15	(b) Fees collected under Subsection (a), less
16	16	administrative costs, shall be used solely to provide funds for the
17	17	maintenance and improvement of state highways subject to this
18	18	subchapter. The [payments provided for under Section 623.213 less]
19	19	administrative costs, which may [shall] not exceed 15 percent of
20	20	the fees collected, may be retained by the port authority. The
21	21	[Such] fees, less administrative costs, shall be deposited in the
22	22	State Highway Fund [6].
23	23	(b) Sections 623.213 and 623.219, Transportation Code, are
24	24	repealed.
25	25	SECTION 2. Subchapter K, Chapter 623, Transportation Code,
26	26	is reenacted and amended to read as follows:
27	27	SUBCHAPTER K. PORT AUTHORITY PERMITS
28	28	Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
29	29	an optional procedure for the issuance of a permit for the movement
30	30	of oversize or overweight vehicles carrying cargo on state highways
31	31	located in counties contiguous to the Gulf of Mexico or a bay or
32	32	inlet opening into the gulf and bordering the United Mexican
33	33	States.
34	34	Sec. 623.211. DEFINITION. In this subchapter, "port
35	35	authority" means a port authority created or operating under
36	36	Section 52, Article III, or Section 59, Article XVI, Texas
37	37	Constitution.
38	38	Sec. 623.212. PERMITS BY PORT AUTHORITY. The department
39	39	may authorize a port authority to issue permits for the movement of
40	40	oversize or overweight vehicles carrying cargo on state highways
41	41	located in counties contiguous to the Gulf of Mexico or a bay or
42	42	inlet opening into the gulf and bordering the United Mexican
43	43	States.
44	44	Sec. 623.213. [MAINTENANCE CONTRACTS. A port authority
45	45	issuing permits under this subchapter shall make payments to the
46	46	department to provide funds for the maintenance of state highways
47	47	subject to this subchapter.
48	48	[Sec. 623.214.] PERMIT FEES. (a) A port authority may
49	49	collect a fee for permits issued under this subchapter. The [Such]
50	50	fees may [shall] not exceed $80 per trip.
51	51	(b) Fees collected under Subsection (a), less
52	52	administrative costs, shall be used solely to provide funds for the
53	53	maintenance and improvement of state highways subject to this
54	54	chapter. The [payments provided for under Section 623.213 less]
55	55	administrative costs, which may [shall] not exceed 15 percent of
56	56	the fees collected, may be retained by the port authority. The
57	57	[Such] fees, less administrative costs, shall be deposited in the
58	58	State Highway Fund [6].
59	59	Sec. 623.214 [623.215]. PERMIT REQUIREMENTS. (a) A permit
60	60	issued under this subchapter must include:
61	61	(1) the name of the applicant;
62	62	(2) the date of issuance;
63	63	(3) the signature of the director of the port
64	64	authority;
65	65	(4) a statement of the kind of cargo being transported
66	66	over State Highways 48 and 4 between the Gateway International
67	67	Bridge and the entrance to the Port of Brownsville, or over State
68	68	Highways 48 and 4 and United States Highways 77 and 83 between
69	69	Veterans International Bridge at Los Tomates and the entrance to
70	70	the Port of Brownsville, the maximum weight and dimensions of the
71	71	equipment, and the kind and weight of each commodity to be
72	72	transported provided the gross weight of such equipment and
73	73	commodities shall not exceed 125,000 pounds;
74	74	(5) a statement of any condition on which the permit is
75	75	issued;
76	76	(6) a statement that the cargo shall be transported
77	77	over the most direct route from the Gateway International Bridge or
78	78	the Veterans International Bridge at Los Tomates to the entrance of
79	79	the Port of Brownsville using State Highways 48 and 4 or United
80	80	States Highways 77 and 83;
81	81	(7) the name of the driver of the vehicle in which the
82	82	cargo is to be transported; and
83	83	(8) the location where the cargo was loaded.
84	84	(b) A port authority shall report to the department all
85	85	permits issued under this subchapter.
86	86	Sec. 623.215 [623.216]. TIME OF MOVEMENT. A permit issued
87	87	under this subchapter shall specify the time in which movement
88	88	authorized by the permit is allowed.
89	89	Sec. 623.216 [623.217]. SPEED LIMIT. Movement authorized
90	90	by a permit issued under this subchapter shall not exceed the posted
91	91	speed limit or 55 miles per hour, whichever is less. Violation of
92	92	this provision shall constitute a moving violation.
93	93	Sec. 623.217 [623.218]. ENFORCEMENT. The Department of
94	94	Public Safety shall have authority to enforce the provisions of
95	95	this subchapter.
96	96	[Sec. 623.219. EXPIRATION. This subchapter expires June 1,
97	97	2009.]
98	98	SECTION 3. (a) Section 1 of this Act takes effect only if
99	99	this Act takes effect on or before June 1, 2009.
100	100	(b) Subchapter K, Chapter 623, Transportation Code, as
101	101	reenacted and amended by Section 2 of this Act, takes effect only if
102	102	this Act takes effect after June 1, 2009.
103	103	SECTION 4. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2009.