H.B. No. 2861
AN ACT
relating to an optional procedure for the issuance of a permit by
the City of Laredo for the movement of oversize or overweight
vehicles carrying cargo in Webb County; 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 T to read as follows:
SUBCHAPTER T. WEBB COUNTY PERMITS
Sec. 623.381. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by the City of
Laredo for the movement of oversize or overweight vehicles carrying
cargo on certain roadways located in Webb County.
Sec. 623.382. ISSUANCE OF PERMITS. (a) The commission may
authorize the City of Laredo to issue permits for the movement of
oversize or overweight vehicles carrying cargo in Webb County on
the following roadways:
(1) Farm-to-Market Road 1472 between its intersection
with State Highway Loop 20 and the northernmost of its
intersections with World Trade Center Loop;
(2) Farm-to-Market Road 1472 between the northernmost
of its intersections with World Trade Center Loop and its
intersection with Hachar Loop, if the Hachar Loop project in Webb
County is constructed;
(3) Hachar Loop between its intersection with
Farm-to-Market Road 1472 and its intersection with Interstate
Highway 35, if the Hachar Loop project in Webb County is
constructed; and
(4) Beltway Parkway between its intersection with
Hachar Loop and its intersection with Interstate Highway 35, if the
Hachar Loop project in Webb County is constructed.
(b) In addition to the roadways described by Subsection (a),
the City of Laredo may designate and issue permits for the movement
of oversize or overweight vehicles carrying cargo in Webb County on
roadways under the city's jurisdiction and control.
Sec. 623.383. SURETY BOND. The commission may require the
City of Laredo to execute, at its own expense, a surety bond payable
to the Texas Department of Transportation in an amount of not less
than $500,000 for costs of maintenance for the roadways described
by Section 623.382(a).
Sec. 623.384. PERMIT FEES. (a) The City of Laredo may
collect a fee for permits issued under this subchapter. Except as
otherwise provided by this subsection, the maximum amount of the
fee may not exceed $200 per trip. On September 1 of each year, the
city 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) may be used only for
the operation and maintenance of the roadways described by or
designated under Section 623.382 and for the City of
Laredo's administrative costs, which may not exceed 15 percent of
the fees collected.
(c) The distribution of the fees collected under Subsection
(a) less the City of Laredo's administrative costs must be
distributed between the state and the city based on lane mile
calculations between on and off system roadways subject to this
subchapter. Lane mile calculations must be adjusted on a biannual
basis.
(d) The City of Laredo shall send the state's portion of the
fees collected under Subsection (a) to the comptroller for deposit
to the credit of 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. 623.385. 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 City
of Laredo;
(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
Webb County only over the roadways described by or designated under
Section 623.382;
(7) a statement that the permit does not authorize the
transportation of the cargo on an interstate highway; and
(8) the location where the cargo was loaded.
(b) The City of Laredo shall report to the department all
permits issued under this subchapter.
Sec. 623.386. TIME OF MOVEMENT. A permit issued under this
subchapter must specify the time during which movement authorized
by the permit is allowed.
Sec. 623.387. 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. 623.388. ENFORCEMENT. The Department of Public Safety
has authority to enforce this subchapter.
Sec. 623.389. PAVEMENT MANAGEMENT PLAN. The Texas
Department of Transportation shall create a pavement management
plan for the roadways described by Section 623.382(a).
Sec. 623.390. RULES. The commission may adopt rules
necessary to implement this subchapter.
SECTION 2. The City of Laredo may adjust the maximum fee
amount as provided by Section 623.384, Transportation Code, as
added by this Act, beginning September 1, 2016.
SECTION 3. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2861 was passed by the House on May 5,
2015, by the following vote: Yeas 144, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2861 on May 27, 2015, by the following vote: Yeas 138, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2861 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor