TWT S.B. 1276 75(R)BILL ANALYSIS


TRANSPORTATION
S.B. 1276
By: Lucio (Oliveira)
5-9-97
Committee Report (Unamended)



BACKGROUND 

C.S.S.B. 1276 would authorize a port authority to collect a fee for
issuing permits for oversize or overweight trucks carrying cargo in
certain areas of Texas. This bill would require such a permit to specify
the time in which movement authorized by the permit is allowed.  This bill
would require permit fee revenues to be used for the maintenance of roads
and bridges.  In addition, S.B. 1487 would prohibit movement authorized by
permit from exceeding 55 miles per hour or the posted limit, whichever is
less. 

PURPOSE

As proposed, C.S.S.B. 1276 allows a port authority to issue permits for
the movement of oversize or overweight vehicles carrying cargo through
counties that have a boundary that is contiguous to the United States of
Mexico and the Gulf of Mexico, and to collect a fee for the issuance of
such permits.  This bill requires fees collected from the issuance of
permits to be used for the maintenance of roads and bridges. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 623, Transportation Code, by adding Subchapter
K, as follows: 

SUBCHAPTER K.  PORT AUTHORITY PERMITS

Sec. 623.210.  OPTIONAL PROCEDURE.  Provides that this subchapter provides
an optional procedure for 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  DEFINITION.  Defines "port authority."

Sec. 623.212.  PERMITS BY PORT AUTHORITY.  Authorizes the Texas Department
of Transportation (department) to authorize 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 the United Mexican
States. 

Sec. 623.213.  MAINTENANCE CONTRACTS.  Requires a port authority issuing
permits under this subchapter to make payments to the Texas Department of
Transportation to provide funds for the maintenance of state highways
subject to this subchapter. 

Sec. 623.214.  PERMIT FEES.  Authorizes a port authority to collect a fee
for permits issued under this subchapter.  Prohibits such fees from
exceeding $80.  Requires fees collected under Subsection (a) to be used
solely to provide funds for the payments provided for under Section
623.213 less administrative costs which shall not exceed 10 percent of the
fees collected.   
 
Sec. 623.215.  PERMIT REQUIREMENTS.  Requires a permit issued under this
subchapter to include certain information.  Requires a port authority to
report to the department all permits issued under this subchapter. 

Sec. 623.216.  TIME OF MOVEMENT.  Requires a permit issued under this
subchapter to specify the time in which movement authorized by the permit
is allowed. 

Sec. 623.217.  SPEED LIMIT.  Prohibits movement authorized by a permit
issued under this subchapter from exceeding the posted speed limit or 55
miles per hour, whichever is less. Requires violation of this provision to
constitute a moving violation. 

Sec.  623.218.  ENFORCEMENT.  Requires the Department of Public Safety to
have authority to enforce the provision of this subchapter. 

Sec.  623.219.  EXPIRATION.  Provides that this Act will expire upon
completion of the Port International Bridge Project. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.