| 1 | 1 | | 81R6513 TRH-F |
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| 2 | 2 | | By: Hunter H.B. No. 2604 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of certain permits for overweight |
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| 8 | 8 | | vehicles. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 623, Transportation Code, is amended by |
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| 11 | 11 | | adding Subchapter O to read as follows: |
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| 12 | 12 | | SUBCHAPTER O. PORT OF CORPUS CHRISTI AUTHORITY PERMITS |
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| 13 | 13 | | Sec. 623.280. OPTIONAL PROCEDURE. This subchapter provides |
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| 14 | 14 | | an optional procedure for the issuance of a permit by the Port of |
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| 15 | 15 | | Corpus Christi Authority for the movement of oversize or overweight |
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| 16 | 16 | | vehicles carrying cargo on state highways located in San Patricio |
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| 17 | 17 | | County. |
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| 18 | 18 | | Sec. 623.281. DEFINITION. In this subchapter, "port |
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| 19 | 19 | | authority" means the Port of Corpus Christi Authority. |
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| 20 | 20 | | Sec. 623.282. ISSUANCE OF PERMITS. The Texas |
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| 21 | 21 | | Transportation Commission may authorize the port authority to issue |
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| 22 | 22 | | permits for the movement of oversize or overweight vehicles |
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| 23 | 23 | | carrying cargo on state highways located in San Patricio County or |
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| 24 | 24 | | Nueces County, with the consent of the appropriate county's |
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| 25 | 25 | | commissioners court. |
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| 26 | 26 | | Sec. 623.283. MAINTENANCE CONTRACTS. The port authority |
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| 27 | 27 | | shall make payments to the department to provide funds for the |
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| 28 | 28 | | maintenance of state highways subject to this subchapter. |
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| 29 | 29 | | Sec. 623.284. PERMIT FEES. (a) The port authority may |
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| 30 | 30 | | collect a fee for permits issued under this subchapter. The fees |
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| 31 | 31 | | may not exceed $80 per trip. |
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| 32 | 32 | | (b) Fees collected under Subsection (a) shall be used solely |
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| 33 | 33 | | to provide funds for the payments provided for under Section |
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| 34 | 34 | | 623.283 and for the port authority's administrative costs, which |
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| 35 | 35 | | may not exceed 15 percent of the fees collected. The fees shall be |
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| 36 | 36 | | deposited in the state highway fund. Fees deposited in the state |
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| 37 | 37 | | highway fund under this section are exempt from the application of |
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| 38 | 38 | | Section 403.095, Government Code. |
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| 39 | 39 | | Sec. 623.285. PERMIT REQUIREMENTS. (a) A permit issued |
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| 40 | 40 | | under this subchapter must include: |
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| 41 | 41 | | (1) the name of the applicant; |
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| 42 | 42 | | (2) the date of issuance; |
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| 43 | 43 | | (3) the signature of the director of the port |
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| 44 | 44 | | authority; |
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| 45 | 45 | | (4) a statement of the kind of cargo being |
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| 46 | 46 | | transported, the maximum weight and dimensions of the equipment, |
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| 47 | 47 | | and the kind and weight of each commodity to be transported; |
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| 48 | 48 | | (5) a statement of any condition on which the permit is |
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| 49 | 49 | | issued; |
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| 50 | 50 | | (6) a statement that the cargo may only be transported |
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| 51 | 51 | | to and from the port authority's terminal on the La Quinta Channel |
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| 52 | 52 | | in San Patricio County using a state highway in San Patricio County |
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| 53 | 53 | | or Nueces County that has been approved for use under this |
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| 54 | 54 | | subchapter by the appropriate county's commissioners court under |
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| 55 | 55 | | Section 623.282; and |
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| 56 | 56 | | (7) the location where the cargo was loaded. |
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| 57 | 57 | | (b) The port authority shall report to the department all |
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| 58 | 58 | | permits issued under this subchapter. |
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| 59 | 59 | | Sec. 623.286. TIME OF MOVEMENT. A permit issued under this |
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| 60 | 60 | | subchapter must specify the time in which movement authorized by |
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| 61 | 61 | | the permit is allowed. |
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| 62 | 62 | | Sec. 623.287. SPEED LIMIT. Movement authorized by a permit |
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| 63 | 63 | | issued under this subchapter may not exceed the posted speed limit |
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| 64 | 64 | | or 55 miles per hour, whichever is less. Violation of this |
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| 65 | 65 | | provision shall constitute a moving violation. |
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| 66 | 66 | | Sec. 623.288. ENFORCEMENT. The Department of Public Safety |
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| 67 | 67 | | shall have authority to enforce the provisions of this subchapter. |
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| 68 | 68 | | Sec. 623.289. RULES. The Texas Transportation Commission |
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| 69 | 69 | | may adopt rules necessary to implement this subchapter. |
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| 70 | 70 | | SECTION 2. This Act takes effect September 1, 2009. |
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