TWT H.B. 2781 75(R)BILL ANALYSIS TRANSPORTATION H.B. 2781 By: Oliveira 4-27-97 Committee Report (Substituted) BACKGROUND The Port of Brownsville, a deep-water port, is less than eight miles from the Gateway International Bridge to Mexico. The livelihood of such ports is dependent on the flow of commerce from Mexico. Recently, Mexican truck traffic, destined for the port or leaving from the port to Mexico, has been under heavy enforcement from the Texas Department of Public Safety (DPS) and local law enforcement agencies because the trucks, most of which traverse the port from industrial Monterrey, carry a greater weight load than Texas law permits. Nearby Mexican ports like Tampico, Tuxpan and El Mesquital pose a competitive threat. Numerous Mexican transportation and steel companies have threatened to move their business away from U.S. ports if the heavy enforcement continues on the overweight commercial carriers. PURPOSE As proposed, C.S.H.B. 2781, would allow a port authority to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highways located in counties contiguous to the Gulf of Mexico or a bay or inlet opening into the Gulf and bordering Mexico. The port authority would pay the Texas Department of Transportation (TXDOT), from permit fees collected, to fund maintenance of affected state highways. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. However, in Section 1, in Sec. 623.212, the TXDOT may authorize a port authority to issue permits for oversize or overweight vehicles. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 623, Transportation Code, by adding Subchapter K. SUBCHAPTER K. PORT AUTHORITY PERMITS Sec. 623.210. Creates optional procedure for the issuance of a permit for the movement of oversize or overweight vehicles carrying cargo on state highways located in counties contiguous to the Gulf of Mexico or a bay or inlet opening into the gulf and bordering the United Mexican States. Sec. 623.211. Defines "port authority". Sec. 623.212. The TXDOT can authorize a port authority to issue permits for oversize or overweight vehicles carrying cargo on state highways located in counties contiguous to the Gulf of Mexico or a bay or inlet opening into the gulf and bordering the United Mexican States. Sec. 623.213. Requires a port authority issuing permits to pay the TXDOT in order to maintain state highways affected by this subchapter. 623.214. (a) Authorizes a port to collect a fee, not to exceed $80, for permits issued. (b) A fee collected under Subsection (a) shall be used to pay the TXDOT to maintain highways subject to this subchapter. The TXDOT may recover administrative costs not to exceed 10 percent. Sec. 623.215. (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 director of the port authority; (4) a statement of the kind of cargo being transported over State Highway 48 between the Gateway International Bridge and the entrance to the Port of Brownsville, the maximum weight and dimensions of the equipment, and the kind and weight of each commodity to be transported as long as the gross weight of the equipment and commodities not exceed 125,000 pounds; (5) a statement of any condition on which the permit is issued; and (6) A statement of that the cargo shall be transported over the most direct route from the Gateway International Bridge to the entrance of the Port of Brownsville using State Highway 48. (b) A port authority shall report to the TXDOT all permits issued under this subchapter. Sec. 623.216. A permit shall specify the time in which authorized movement is allowed. Sec. 623.217. Movement authorized by a permit shall not exceed the posted speed limit or 55 miles per hour, whichever is less. Provides that a violation of this provision is a moving violation. Sec. 623.218. Authorizes the Texas DPS to enforce the provisions of this subchapter. Sec. 623.219. This Act expires March 1, 2001. SECTION 2. Effective date -- September 1, 1997. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. In Section 623.210 of the original, permits issued to oversize and overweight vehicles allowed cargo on state, county and municipal roads. The substitute deletes county and municipal roads and limits travel only on state highways. The original limits travel by these vehicles to roads in counties with a boundary contiguous to the Republic of Mexico and the Gulf of Mexico. The substitute amends this definition to include counties contiguous to the Gulf of Mexico or a bay or an inlet opening into the gulf and bordering the United Mexican States. In Section 623.212, the original referring to state, county or municipal roads in counties contiguous to the Republic of Mexico and the Gulf of Mexico. The substitute limits travel to only state highways in counties contiguous to the Gulf of Mexico or a bay or an inlet opening into the gulf and bordering the United Mexican States. Section 623.213 of the substitute clarifies that the TXDOT is the agency to whom port authorities issuing permits shall make payments. The original allowed a port to contract with the appropriate state agency, political subdivision or road district for maintenance. Section 623.214, Subsection (a) of the original authorizes a port authority to collect fees. The substitute defines the amount of the fee is not to exceed $80. Subsection (b) of the original designates the fee collected under Section 623.213 be used for bridges and roads. The substitute designates the fees be deposited in State Highway Fund 6 to provide for payments under Section 623.213. An administrative fee not to exclude 10 percent is excluded from this requirement. Section 623.215. The original in Subsection (a)(4) required a statement of the type of cargo to be transported on state, county or municipal roads. The substitute limits transit to State Highway 48 between the Port and the Gateway International Bridge. The substitute adds language to provide that the gross weight of the equipment and the commodities not exceed 125,000 pounds. The original permit application required the route to be specified on the permit application. The substitute in (a)(6) mandates that cargo be transported over the most direct route from the Gateway International Bridge to the Port of Brownsville using State Highway 48. Section 623.218 and 623.219 of the substitute are new and were not in the original.