By: Munoz, Jr., Guerra H.B. No. 474
COMMITTEE SUBSTITUTE FOR H.B. No. 474By: Davis By: Davis
(In the Senate - Received from the House April 15, 2013;
April 17, 2013, read first time and referred to Committee on
Transportation; May 14, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 14, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an optional procedure for the issuance of a permit by a
certain regional mobility authority for the movement of oversize or
overweight vehicles carrying cargo; 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. REGIONAL MOBILITY AUTHORITY PERMITS
Sec. 623.320. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by a regional
mobility authority for the movement of oversize or overweight
vehicles carrying cargo on certain roads located in Hidalgo County.
Sec. 623.321. DEFINITION. In this subchapter, "authority"
means the regional mobility authority authorized to issue permits
under Section 623.322.
Sec. 623.322. ISSUANCE OF PERMITS. (a) The commission may
authorize a regional mobility authority to issue permits for the
movement of oversize or overweight vehicles carrying cargo 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
Trinity Road;
(D) Trinity Road between its intersection with
Farm-to-Market Road 1016 and its intersection with Farm-to-Market
Road 396;
(E) Farm-to-Market Road 396 between its
intersection with Trinity Road and its intersection with the
Anzalduas International Bridge;
(F) Farm-to-Market Road 2061 between its
intersection with Farm-to-Market Road 3072 and its intersection
with U.S. Highway 281;
(G) U.S. Highway 281 between its intersection
with the Pharr-Reynosa International Bridge and its intersection
with Spur 29;
(H) Spur 29 between its intersection with U.S.
Highway 281 and its intersection with Doffin Canal Road; and
(I) 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 authority.
(b) The authority 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 authority 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 authority 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 authority's
administrative costs, which may not exceed 15 percent of the fees
collected. The authority 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
authority;
(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:
(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 cargo may be transported in
Hidalgo County only over the roads described by or designated under
Section 623.322; and
(7) the location where the cargo was loaded.
(b) The authority 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.
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