82R8226 NAJ-D
By: Legler H.B. No. 2240
A BILL TO BE ENTITLED
AN ACT
relating to an optional procedure for the issuance of a permit by a
certain county for the movement of oversize or overweight vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 623, Transportation Code, is amended by
adding Subchapter Q to read as follows:
SUBCHAPTER Q. HARRIS COUNTY PERMITS
Sec. 623.320. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by Harris County
for the movement of oversize or overweight vehicles carrying cargo
on certain state highways located in Harris County.
Sec. 623.321. DEFINITION. In this subchapter, "county"
means Harris County.
Sec. 623.322. ISSUANCE OF PERMITS. (a) The Texas
Transportation Commission may authorize the county to issue permits
for the movement of oversize or overweight vehicles carrying cargo
on state highways located in the county.
(b) A permit issued under this subchapter may authorize:
(1) the transport of cargo only on the following roads
in the county:
(A) State Highway 146 between its intersection
with Port Road and its intersection with State Highway 225; and
(B) State Highway 225 between its intersection
with State Highway 146 and its intersection with Beltway 8; and
(2) the movement of equipment and commodities weighing
100,000 pounds or less.
Sec. 623.323. MAINTENANCE CONTRACTS. The county shall make
payments to the department to provide funds for the maintenance of
state highways subject to this subchapter.
Sec. 623.324. PERMIT FEES. (a) The county may collect a
fee for permits issued under this subchapter. The fee may not
exceed $80 per trip.
(b) Fees collected under Subsection (a) may be used only to
provide funds for the payments under Section 623.323 and for the
county'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. 623.325. 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 designated agent for the
county;
(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 be transported in
the county only over the roads described by Section 623.322(b)(1);
and
(7) the location where the cargo was loaded.
(b) The county shall report to the department all permits
issued under this subchapter.
Sec. 623.326. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time during which movement authorized
by the permit is allowed.
Sec. 623.327. 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. A violation of this
provision constitutes a moving violation.
Sec. 623.328. ENFORCEMENT. The Department of Public Safety
has authority to enforce this subchapter.
Sec. 623.329. RULES. The Texas Transportation Commission
may adopt rules necessary to implement this subchapter.
SECTION 2. 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, 2011.