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.