Texas 2009 - 81st Regular

Texas Senate Bill SB1373 Compare Versions

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1	1	S.B. No. 1373
2	2
3	3
4	4	AN ACT
5	5	relating to the operation and continuation of the law authorizing
6	6	the issuance of oversize or overweight vehicle permits by certain
7	7	port authorities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. AMENDMENT OF SUBCHAPTER K, CHAPTER 623, BEFORE
10	10	EXPIRATION
11	11	SECTION 1.01. Subsection (b), Section 623.214,
12	12	Transportation Code, is amended to read as follows:
13	13	(b) Fees collected under Subsection (a), less
14	14	administrative costs, shall be used solely to provide funds for the
15	15	maintenance and improvement of state highways subject to this
16	16	subchapter. The [payments provided for under Section 623.213 less]
17	17	administrative costs, which may [shall] not exceed 15 percent of
18	18	the fees collected, may be retained by the port authority. The
19	19	[Such] fees, less administrative costs, shall be deposited in the
20	20	State Highway Fund [6].
21	21	SECTION 1.02. Subsection (a), Section 623.215,
22	22	Transportation Code, is amended to read as follows:
23	23	(a) A permit issued under this subchapter must include:
24	24	(1) the name of the applicant;
25	25	(2) the date of issuance;
26	26	(3) the signature of the director of the port
27	27	authority;
28	28	(4) a statement of the kind of cargo being transported
29	29	under the permit [over State Highways 48 and 4 between the Gateway
30	30	International Bridge and the entrance to the Port of Brownsville,
31	31	or over State Highways 48 and 4 and United States Highways 77 and 83
32	32	between Veterans International Bridge at Los Tomates and the
33	33	entrance to the Port of Brownsville], the maximum weight and
34	34	dimensions of the equipment, and the kind and weight of each
35	35	commodity to be transported provided the gross weight of such
36	36	equipment and commodities shall not exceed 125,000 pounds;
37	37	(5) a statement of any condition on which the permit is
38	38	issued;
39	39	(6) a statement of the route designated under Section
40	40	623.219 [that the cargo shall be transported over the most direct
41	41	route from the Gateway International Bridge or the Veterans
42	42	International Bridge at Los Tomates to the entrance of the Port of
43	43	Brownsville using State Highways 48 and 4 or United States Highways
44	44	77 and 83];
45	45	(7) the name of the driver of the vehicle in which the
46	46	cargo is to be transported; and
47	47	(8) the location where the cargo was loaded.
48	48	SECTION 1.03. Section 623.219, Transportation Code, is
49	49	amended to read as follows:
50	50	Sec. 623.219. ROUTE DESIGNATION [EXPIRATION]. (a) The
51	51	commission shall, with the consent of the port authority, designate
52	52	the most direct route from the Gateway International Bridge or the
53	53	Veterans International Bridge at Los Tomates to the entrance of the
54	54	Port of Brownsville using State Highways 48 and 4 or United States
55	55	Highways 77 and 83 or using United States Highway 77 and United
56	56	States Highway 83, East Loop Corridor, and State Highway 4.
57	57	(b) If the commission designates a route or changes the
58	58	route designated under this section, the commission shall notify
59	59	the port authority of the route not later than the 60th day before
60	60	the date that the designation takes effect [This subchapter expires
61	61	June 1, 2009].
62	62	SECTION 1.04. Section 623.213, Transportation Code, is
63	63	repealed.
64	64	ARTICLE 2. REENACTMENT AND AMENDMENT OF SUBCHAPTER K,
65	65	CHAPTER 623, AFTER EXPIRATION
66	66	SECTION 2.01. Subchapter K, Chapter 623, Transportation
67	67	Code, is reenacted and amended to read as follows:
68	68	SUBCHAPTER K. PORT AUTHORITY PERMITS
69	69	Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
70	70	an optional procedure for the issuance of a permit for the movement
71	71	of oversize or overweight vehicles carrying cargo on state highways
72	72	located in counties contiguous to the Gulf of Mexico or a bay or
73	73	inlet opening into the gulf and bordering the United Mexican
74	74	States.
75	75	Sec. 623.211. DEFINITION. In this subchapter, "port
76	76	authority" means a port authority created or operating under
77	77	Section 52, Article III, or Section 59, Article XVI, Texas
78	78	Constitution.
79	79	Sec. 623.212. PERMITS BY PORT AUTHORITY. The department
80	80	may authorize a port authority to issue permits for the movement of
81	81	oversize or overweight vehicles carrying cargo on state highways
82	82	located in counties contiguous to the Gulf of Mexico or a bay or
83	83	inlet opening into the gulf and bordering the United Mexican
84	84	States.
85	85	Sec. 623.213. [MAINTENANCE CONTRACTS. A port authority
86	86	issuing permits under this subchapter shall make payments to the
87	87	department to provide funds for the maintenance of state highways
88	88	subject to this subchapter.
89	89	[Sec. 623.214.] PERMIT FEES. (a) A port authority may
90	90	collect a fee for permits issued under this subchapter. The [Such]
91	91	fees may [shall] not exceed $80 per trip.
92	92	(b) Fees collected under Subsection (a), less
93	93	administrative costs, shall be used solely to provide funds for the
94	94	maintenance and improvement of state highways subject to this
95	95	chapter. The [payments provided for under Section 623.213 less]
96	96	administrative costs, which may [shall] not exceed 15 percent of
97	97	the fees collected, may be retained by the port authority. The
98	98	[Such] fees, less administrative costs, shall be deposited in the
99	99	State Highway Fund [6].
100	100	Sec. 623.214 [623.215]. PERMIT REQUIREMENTS. (a) A
101	101	permit issued under this subchapter must include:
102	102	(1) the name of the applicant;
103	103	(2) the date of issuance;
104	104	(3) the signature of the director of the port
105	105	authority;
106	106	(4) a statement of the kind of cargo being transported
107	107	under the permit [over State Highways 48 and 4 between the Gateway
108	108	International Bridge and the entrance to the Port of Brownsville,
109	109	or over State Highways 48 and 4 and United States Highways 77 and 83
110	110	between Veterans International Bridge at Los Tomates and the
111	111	entrance to the Port of Brownsville], the maximum weight and
112	112	dimensions of the equipment, and the kind and weight of each
113	113	commodity to be transported provided the gross weight of such
114	114	equipment and commodities shall not exceed 125,000 pounds;
115	115	(5) a statement of any condition on which the permit is
116	116	issued;
117	117	(6) a statement of the route designated under Section
118	118	623.218 [that the cargo shall be transported over the most direct
119	119	route from the Gateway International Bridge or the Veterans
120	120	International Bridge at Los Tomates to the entrance of the Port of
121	121	Brownsville using State Highways 48 and 4 or United States Highways
122	122	77 and 83];
123	123	(7) the name of the driver of the vehicle in which the
124	124	cargo is to be transported; and
125	125	(8) the location where the cargo was loaded.
126	126	(b) A port authority shall report to the department all
127	127	permits issued under this subchapter.
128	128	Sec. 623.215 [623.216]. TIME OF MOVEMENT. A permit issued
129	129	under this subchapter shall specify the time in which movement
130	130	authorized by the permit is allowed.
131	131	Sec. 623.216 [623.217]. SPEED LIMIT. Movement authorized
132	132	by a permit issued under this subchapter shall not exceed the posted
133	133	speed limit or 55 miles per hour, whichever is less. Violation of
134	134	this provision shall constitute a moving violation.
135	135	Sec. 623.217 [623.218]. ENFORCEMENT. The Department of
136	136	Public Safety shall have authority to enforce the provisions of
137	137	this subchapter.
138	138	Sec. 623.218 [623.219]. ROUTE DESIGNATION [EXPIRATION].
139	139	(a) The commission shall, with the consent of the port authority,
140	140	designate the most direct route from the Gateway International
141	141	Bridge or the Veterans International Bridge at Los Tomates to the
142	142	entrance of the Port of Brownsville using State Highways 48 and 4 or
143	143	United States Highways 77 and 83 or using United States Highway 77
144	144	and United States Highway 83, East Loop Corridor, and State Highway
145	145	4.
146	146	(b) If the commission designates a route or changes the
147	147	route designated under this section, the commission shall notify
148	148	the port authority of the route not later than the 60th day before
149	149	the date that the designation takes effect [This subchapter expires
150	150	June 1, 2009].
151	151	ARTICLE 3. TRANSITION AND EFFECTIVE
152	152	DATE PROVISIONS
153	153	SECTION 3.01. A vehicle for which a permit is issued under
154	154	Subchapter K, Chapter 623, Transportation Code, before the date
155	155	that a route designated by the Texas Transportation Commission
156	156	under Section 623.219, Transportation Code, as amended by this Act,
157	157	takes effect must use the route specified in Subdivision (6),
158	158	Subsection (a), Section 623.215, Transportation Code, as that
159	159	section existed immediately before the effective date of this Act,
160	160	and that section continues in effect for that purpose.
161	161	SECTION 3.02. (a) Article 1 of this Act takes effect only
162	162	if this Act takes effect before June 1, 2009.
163	163	(b) Subchapter K, Chapter 623, Transportation Code, as
164	164	reenacted and amended by Article 2 of this Act, takes effect only if
165	165	this Act takes effect on or after June 1, 2009.
166	166	SECTION 3.03. This Act takes effect immediately if it
167	167	receives a vote of two-thirds of all the members elected to each
168	168	house, as provided by Section 39, Article III, Texas Constitution.
169	169	If this Act does not receive the vote necessary for immediate
170	170	effect, this Act takes effect September 1, 2009.
171	171	______________________________ ______________________________
172	172	President of the Senate Speaker of the House
173	173	I hereby certify that S.B. No. 1373 passed the Senate on
174	174	April 9, 2009, by the following vote: Yeas 31, Nays 0; and that the
175	175	Senate concurred in House amendment on May 8, 2009, by the following
176	176	vote: Yeas 30, Nays 0.
177	177	______________________________
178	178	Secretary of the Senate
179	179	I hereby certify that S.B. No. 1373 passed the House, with
180	180	amendment, on May 5, 2009, by the following vote: Yeas 144, Nays 0,
181	181	one present not voting.
182	182	______________________________
183	183	Chief Clerk of the House
184	184	Approved:
185	185	______________________________
186	186	Date
187	187	______________________________
188	188	Governor