81R21469 TRH-F
By: Hunter H.B. No. 2604
Substitute the following for H.B. No. 2604:
By: Pickett C.S.H.B. No. 2604
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain permits for overweight
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 623, Transportation Code, is amended by
adding Subchapters O and P to read as follows:
SUBCHAPTER O. PORT OF CORPUS CHRISTI AUTHORITY ROADWAY PERMITS
Sec. 623.280. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by the Port of
Corpus Christi Authority for the movement of oversize or overweight
vehicles carrying cargo on a roadway owned and maintained by the
Port of Corpus Christi Authority that is located in San Patricio
County or Nueces County.
Sec. 623.281. DEFINITION. In this subchapter, "port
authority" means the Port of Corpus Christi Authority.
Sec. 623.282. ISSUANCE OF PERMITS. The port authority may
issue permits for the movement of oversize or overweight vehicles
carrying cargo on a roadway owned and maintained by the port
authority that is located in San Patricio County or Nueces County.
A permit issued under this subchapter is in addition to other
permits required by law.
Sec. 623.283. PERMIT FEES. (a) The port authority may
collect a fee for permits issued under this subchapter. The fees
may not exceed $80 per trip.
(b) Fees collected under Subsection (a) shall be used solely
for the construction and maintenance of port authority roadways.
Sec. 623.284. PERMIT REQUIREMENTS. A permit issued under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the manager of transportation of
the port authority;
(4) a statement of the kind of cargo being
transported, the maximum weight and dimensions of the equipment,
and the kind and weight of each commodity to be transported;
(5) a statement of any condition on which the permit is
issued;
(6) a statement that the cargo may only be transported
on roadways that are owned and maintained by the port authority and
located in San Patricio County or Nueces County; and
(7) the location where the cargo was loaded.
Sec. 623.285. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time in which movement authorized by
the permit is allowed.
Sec. 623.286. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter may not exceed the posted speed limit
or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Sec. 623.287. ENFORCEMENT. The Department of Public Safety
shall have authority to enforce the provisions of this subchapter.
Sec. 623.288. RULES. The Texas Transportation Commission
may adopt rules necessary to implement this subchapter.
SUBCHAPTER P. PORT OF CORPUS CHRISTI AUTHORITY SPECIAL FREIGHT
CORRIDOR PERMITS
Sec. 623.301. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by the Port of
Corpus Christi Authority for the movement of oversize or overweight
vehicles carrying cargo on a state highway special freight corridor
located in San Patricio County.
Sec. 623.302. DEFINITIONS. In this subchapter:
(1) "Port authority" means the Port of Corpus Christi
Authority; and
(2) "Special freight corridor" means a highway built
by this state specifically for the movement of oversize or
overweight vehicles carrying cargo in San Patricio County to and
from the port authority's La Quinta terminal.
Sec. 623.303. ISSUANCE OF PERMITS. The Texas
Transportation Commission may authorize the port authority to issue
permits for the movement of oversize or overweight vehicles
carrying cargo on state highway special freight corridors located
in San Patricio County. The port authority may issue a permit under
this subchapter only if the cargo being transported weighs 125,000
pounds or less.
Sec. 623.304. MAINTENANCE CONTRACTS. The port authority
shall make payments to the department to provide funds for the
maintenance of state highways subject to this subchapter.
Sec. 623.305. PERMIT FEES. (a) The port authority may
collect a fee for permits issued under this subchapter. The fees
may not exceed $80 per trip.
(b) Fees collected under Subsection (a) shall be used solely
to provide funds for the payments provided for under Section
623.304 and for the port authority's administrative costs, which
may not exceed 15 percent of the fees collected. The fees shall be
deposited in the state highway fund. Fees deposited in the state
highway fund under this section are exempt from the application of
Section 403.095, Government Code.
Sec. 623.306. PERMIT REQUIREMENTS. (a) A permit issued
under this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the manager of transportation of
the port authority;
(4) a statement of the kind of cargo being
transported, the maximum weight and dimensions of the equipment,
and the kind and weight of each commodity to be transported;
(5) a statement of any condition on which the permit is
issued;
(6) a statement that the cargo may only be transported
to and from the port authority's La Quinta terminal in San Patricio
County using a state highway special freight corridor in San
Patricio County; and
(7) the location where the cargo was loaded.
(b) The port authority shall report to the department all
permits issued under this subchapter.
Sec. 623.307. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time in which movement authorized by
the permit is allowed.
Sec. 623.308. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter may not exceed the posted speed limit
or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Sec. 623.309. ENFORCEMENT. The Department of Public Safety
may enforce the provisions of this subchapter.
Sec. 623.310. RULES. The Texas Transportation Commission
may adopt rules necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2009.