Texas 2009 - 81st Regular

Texas Senate Bill SB1571 Compare Versions

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1	1	S.B. No. 1571
2	2
3	3
4	4	AN ACT
5	5	relating to the issuance of certain permits for overweight
6	6	vehicles.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 623, Transportation Code, is amended by
9	9	adding Subchapters O and P to read as follows:
10	10	SUBCHAPTER O. PORT OF CORPUS CHRISTI AUTHORITY ROADWAY PERMITS
11	11	Sec. 623.280. OPTIONAL PROCEDURE. This subchapter provides
12	12	an optional procedure for the issuance of a permit by the Port of
13	13	Corpus Christi Authority for the movement of oversize or overweight
14	14	vehicles carrying cargo on a roadway owned and maintained by the
15	15	Port of Corpus Christi Authority that is located in San Patricio
16	16	County or Nueces County.
17	17	Sec. 623.281. DEFINITION. In this subchapter, "port
18	18	authority" means the Port of Corpus Christi Authority.
19	19	Sec. 623.282. ISSUANCE OF PERMITS. The port authority may
20	20	issue permits for the movement of oversize or overweight vehicles
21	21	carrying cargo on a roadway owned and maintained by the port
22	22	authority that is located in San Patricio County or Nueces County.
23	23	A permit issued under this subchapter is in addition to other
24	24	permits required by law.
25	25	Sec. 623.283. PERMIT FEES. (a) The port authority may
26	26	collect a fee for permits issued under this subchapter. The fees
27	27	may not exceed $80 per trip.
28	28	(b) Fees collected under Subsection (a) shall be used solely
29	29	for the construction and maintenance of port authority roadways.
30	30	Sec. 623.284. PERMIT REQUIREMENTS. A permit issued under
31	31	this subchapter must include:
32	32	(1) the name of the applicant;
33	33	(2) the date of issuance;
34	34	(3) the signature of the manager of transportation of
35	35	the port authority;
36	36	(4) a statement of the kind of cargo being
37	37	transported, the maximum weight and dimensions of the equipment,
38	38	and the kind and weight of each commodity to be transported;
39	39	(5) a statement of any condition on which the permit is
40	40	issued;
41	41	(6) a statement that the cargo may only be transported
42	42	on roadways that are owned and maintained by the port authority and
43	43	located in San Patricio County or Nueces County; and
44	44	(7) the location where the cargo was loaded.
45	45	Sec. 623.285. TIME OF MOVEMENT. A permit issued under this
46	46	subchapter must specify the time in which movement authorized by
47	47	the permit is allowed.
48	48	Sec. 623.286. SPEED LIMIT. Movement authorized by a permit
49	49	issued under this subchapter may not exceed the posted speed limit
50	50	or 55 miles per hour, whichever is less. Violation of this
51	51	provision shall constitute a moving violation.
52	52	Sec. 623.287. ENFORCEMENT. The Department of Public Safety
53	53	shall have authority to enforce the provisions of this subchapter.
54	54	Sec. 623.288. RULES. The Texas Transportation Commission
55	55	may adopt rules necessary to implement this subchapter.
56	56	SUBCHAPTER P. PORT OF CORPUS CHRISTI AUTHORITY SPECIAL FREIGHT
57	57	CORRIDOR PERMITS
58	58	Sec. 623.301. OPTIONAL PROCEDURE. This subchapter provides
59	59	an optional procedure for the issuance of a permit by the Port of
60	60	Corpus Christi Authority for the movement of oversize or overweight
61	61	vehicles carrying cargo on a state highway special freight corridor
62	62	located in San Patricio County.
63	63	Sec. 623.302. DEFINITIONS. In this subchapter:
64	64	(1) "Port authority" means the Port of Corpus Christi
65	65	Authority; and
66	66	(2) "Special freight corridor" means a highway built
67	67	by this state specifically for the movement of oversize or
68	68	overweight vehicles carrying cargo in San Patricio County to and
69	69	from the port authority's La Quinta terminal.
70	70	Sec. 623.303. ISSUANCE OF PERMITS. The Texas
71	71	Transportation Commission may authorize the port authority to issue
72	72	permits for the movement of oversize or overweight vehicles
73	73	carrying cargo on state highway special freight corridors located
74	74	in San Patricio County. The port authority may issue a permit under
75	75	this subchapter only if the cargo being transported weighs 125,000
76	76	pounds or less.
77	77	Sec. 623.304. MAINTENANCE CONTRACTS. The port authority
78	78	shall make payments to the department to provide funds for the
79	79	maintenance of state highways subject to this subchapter.
80	80	Sec. 623.305. PERMIT FEES. (a) The port authority may
81	81	collect a fee for permits issued under this subchapter. The fees
82	82	may not exceed $80 per trip.
83	83	(b) Fees collected under Subsection (a) shall be used solely
84	84	to provide funds for the payments provided for under Section
85	85	623.304 and for the port authority's administrative costs, which
86	86	may not exceed 15 percent of the fees collected. The fees shall be
87	87	deposited in the state highway fund. Fees deposited in the state
88	88	highway fund under this section are exempt from the application of
89	89	Section 403.095, Government Code.
90	90	Sec. 623.306. PERMIT REQUIREMENTS. (a) A permit issued
91	91	under this subchapter must include:
92	92	(1) the name of the applicant;
93	93	(2) the date of issuance;
94	94	(3) the signature of the manager of transportation of
95	95	the port authority;
96	96	(4) a statement of the kind of cargo being
97	97	transported, the maximum weight and dimensions of the equipment,
98	98	and the kind and weight of each commodity to be transported;
99	99	(5) a statement of any condition on which the permit is
100	100	issued;
101	101	(6) a statement that the cargo may only be transported
102	102	to and from the port authority's La Quinta terminal in San Patricio
103	103	County using a state highway special freight corridor in San
104	104	Patricio County; and
105	105	(7) the location where the cargo was loaded.
106	106	(b) The port authority shall report to the department all
107	107	permits issued under this subchapter.
108	108	Sec. 623.307. TIME OF MOVEMENT. A permit issued under this
109	109	subchapter must specify the time in which movement authorized by
110	110	the permit is allowed.
111	111	Sec. 623.308. SPEED LIMIT. Movement authorized by a permit
112	112	issued under this subchapter may not exceed the posted speed limit
113	113	or 55 miles per hour, whichever is less. Violation of this
114	114	provision shall constitute a moving violation.
115	115	Sec. 623.309. ENFORCEMENT. The Department of Public Safety
116	116	may enforce the provisions of this subchapter.
117	117	Sec. 623.310. RULES. The Texas Transportation Commission
118	118	may adopt rules necessary to implement this subchapter.
119	119	SECTION 2. This Act takes effect September 1, 2009.
120	120	______________________________ ______________________________
121	121	President of the Senate Speaker of the House
122	122	I hereby certify that S.B. No. 1571 passed the Senate on
123	123	April 30, 2009, by the following vote: Yeas 31, Nays 0.
124	124	______________________________
125	125	Secretary of the Senate
126	126	I hereby certify that S.B. No. 1571 passed the House on
127	127	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
128	128	present not voting.
129	129	______________________________
130	130	Chief Clerk of the House
131	131	Approved:
132	132	______________________________
133	133	Date
134	134	______________________________
135	135	Governor