By: Lucio S.B. No. 1373
(In the Senate - Filed March 4, 2009; March 17, 2009, read
first time and referred to Committee on International Relations and
Trade; April 2, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; April 2, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the operation and continuation of the law authorizing
the issuance of oversize or overweight vehicle permits by certain
port authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Subsection (b), Section 623.214,
Transportation Code, is amended to read as follows:
(b) Fees collected under Subsection (a), minus
administrative costs, shall be used solely to provide funds for the
maintenance and improvement of state highways subject to this
subchapter. The [payments provided for under Section 623.213 less]
administrative costs, which shall not exceed 15 percent of the fees
collected, may be retained by the port authority. The [Such] fees,
less administrative costs, shall be deposited in State Highway Fund
6.
(b) Sections 623.213 and 623.219, Transportation Code, are
repealed.
SECTION 2. Subchapter K, Chapter 623, Transportation Code,
is reenacted and amended to read as follows:
SUBCHAPTER K. PORT AUTHORITY PERMITS
Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit for the movement
of oversize or overweight vehicles carrying cargo on state highways
located in counties contiguous to the Gulf of Mexico or a bay or
inlet opening into the gulf and bordering the United Mexican
States.
Sec. 623.211. DEFINITION. In this subchapter, "port
authority" means a port authority created or operating under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution.
Sec. 623.212. PERMITS BY PORT AUTHORITY. The department
may authorize a port authority to issue permits for the movement of
oversize or overweight vehicles carrying cargo on state highways
located in counties contiguous to the Gulf of Mexico or a bay or
inlet opening into the gulf and bordering the United Mexican
States.
Sec. 623.213. [MAINTENANCE CONTRACTS. A port authority
issuing permits under this subchapter shall make payments to the
department to provide funds for the maintenance of state highways
subject to this subchapter.
[Sec. 623.214.] PERMIT FEES. (a) A port authority may
collect a fee for permits issued under this subchapter. Such fees
shall not exceed $80 per trip.
(b) Fees collected under Subsection (a), minus
administrative costs, shall be used solely to provide funds for the
maintenance and improvement of state highways subject to this
subchapter. The [payments provided for under Section 623.213 less]
administrative costs, which shall not exceed 15 percent of the fees
collected, may be retained by the port authority. The [Such] fees,
less administrative costs, shall be deposited in State Highway Fund
6.
Sec. 623.214 [623.215]. 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 director of the port
authority;
(4) a statement of the kind of cargo being transported
over State Highways 48 and 4 between the Gateway International
Bridge and the entrance to the Port of Brownsville, or over State
Highways 48 and 4 and United States Highways 77 and 83 between
Veterans International Bridge at Los Tomates and the entrance to
the Port of Brownsville, the maximum weight and dimensions of the
equipment, and the kind and weight of each commodity to be
transported provided the gross weight of such equipment and
commodities shall not exceed 125,000 pounds;
(5) a statement of any condition on which the permit is
issued;
(6) a statement that the cargo shall be transported
over the most direct route from the Gateway International Bridge or
the Veterans International Bridge at Los Tomates to the entrance of
the Port of Brownsville using State Highways 48 and 4 or United
States Highways 77 and 83;
(7) the name of the driver of the vehicle in which the
cargo is to be transported; and
(8) the location where the cargo was loaded.
(b) A port authority shall report to the department all
permits issued under this subchapter.
Sec. 623.215 [623.216]. TIME OF MOVEMENT. A permit issued
under this subchapter shall specify the time in which movement
authorized by the permit is allowed.
Sec. 623.216 [623.217]. SPEED LIMIT. Movement authorized
by a permit issued under this subchapter shall not exceed the posted
speed limit or 55 miles per hour, whichever is less. Violation of
this provision shall constitute a moving violation.
Sec. 623.217 [623.218]. ENFORCEMENT. The Department of
Public Safety shall have authority to enforce the provisions of
this subchapter.
[Sec. 623.219. EXPIRATION. This subchapter expires June 1,
2009.]
SECTION 3. (a) Section 1 of this Act takes effect only if
this Act takes effect on or before June 1, 2009.
(b) Section 2 of this Act takes effect only if this Act takes
effect on or after June 2, 2009.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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