By: Munoz, Jr., Guerra H.B. No. 474
A BILL TO BE ENTITLED
AN ACT
relating to an optional procedure for the issuance of a permit by
certain governmental entities for the movement of oversize or
overweight vehicles carrying agricultural products; authorizing a
fee.
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. CERTAIN PERMITS FOR AGRICULTURAL PRODUCTS
Sec. 623.320. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by a governmental
entity for the movement of oversize or overweight vehicles carrying
agricultural products on certain roads located in Hidalgo County.
Sec. 623.321. DEFINITION. In this subchapter,
"governmental entity" means a governmental entity that agrees to
issue permits under Section 623.322.
Sec. 623.322. ISSUANCE OF PERMITS. (a) The commission may
authorize a governmental entity to issue permits for the movement
of oversize or overweight vehicles carrying agricultural products
in Hidalgo County on:
(1) the following roads:
(A) U.S. Highway 281 between its intersection
with the Pharr-Reynosa International Bridge and its intersection
with State Highway 336;
(B) State Highway 336 between its intersection
with U.S. Highway 281 and its intersection with Farm-to-Market Road
1016;
(C) Farm-to-Market Road 1016 between its
intersection with State Highway 336 and its intersection with
Farm-to-Market Road 396;
(D) Farm-to-Market Road 396 between its
intersection with Farm-to-Market Road 1016 and its intersection
with the Anzalduas International Bridge;
(E) Farm-to-Market Road 2061 between its
intersection with Farm-to-Market Road 3072 and its intersection
with U.S. Highway 281;
(F) U.S. Highway 281 between its intersection
with the Pharr-Reynosa International Bridge and its intersection
with Spur 29;
(G) Spur 29 between its intersection with U.S.
Highway 281 and its intersection with Doffin Canal Road; and
(H) Doffin Canal Road between its intersection
with the Pharr-Reynosa International Bridge and its intersection
with Spur 29; or
(2) another route designated by the commission in
consultation with the governmental entity.
(b) The governmental entity authorized under this section
must serve the same geographic location as the roads over which the
permit is valid.
Sec. 623.323. PERMIT FEES. (a) The governmental entity may
collect a fee for permits issued under this subchapter. Beginning
September 1, 2013, the maximum amount of the fee may not exceed $80
per trip. On September 1 of each subsequent year, the governmental
entity may adjust the maximum fee amount as necessary to reflect the
percentage change during the preceding year in the Consumer Price
Index for All Urban Consumers (CPI-U), U.S. City Average, published
monthly by the United States Bureau of Labor Statistics or its
successor in function.
(b) Fees collected under Subsection (a) shall be used only
for the construction and maintenance of the roads described by or
designated under Section 623.322 and for the governmental entity's
administrative costs, which may not exceed 15 percent of the fees
collected. The governmental entity shall make payments to the
Texas Department of Transportation to provide funds for the
maintenance of roads and highways subject to this subchapter.
Sec. 623.324. 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
governmental entity;
(4) a statement of the weight and dimensions of the
vehicle and the kind and weight of each agricultural product to be
transported;
(5) a statement:
(A) that the gross weight of the vehicle for
which a permit is issued may not exceed 125,000 pounds; and
(B) of any other condition on which the permit is
issued;
(6) a statement that the agricultural products may be
transported in Hidalgo County only over the roads described by or
designated under Section 623.322; and
(7) the location where the agricultural
products were
loaded.
(b) The governmental entity shall report to the department
all permits issued under this subchapter.
Sec. 623.325. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time during which movement authorized
by the permit is allowed.
Sec. 623.326. 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. 623.327. ENFORCEMENT. The Department of Public Safety
has authority to enforce this subchapter.
Sec. 623.328. RULES. The commission may adopt rules
necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2013.