By Oliveira, Solis                                    H.B. No. 2781

         Substitute the following for H.B. No. 2781:

         By Alexander                                      C.S.H.B. No. 2781

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to permits for overweight vehicles in certain counties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 623, Transportation Code is amended by

 1-5     adding Subchapter K to read as follows:

 1-6                    SUBCHAPTER K. PORT AUTHORITY PERMITS

 1-7           Sec. 623.210.  OPTIONAL PROCEDURE.  This subchapter provides

 1-8     an optional procedure for the issuance of a permit for the movement

 1-9     of oversize or overweight vehicles carrying cargo on state highways

1-10     located in counties contiguous to the Gulf of Mexico or a bay or

1-11     inlet opening into the gulf and bordering the United Mexican

1-12     States.

1-13           Sec. 623.211.  DEFINITION.  In this subchapter, "port

1-14     authority" means a port authority created or operating under

1-15     Article III, Section 52, or Article XVI, .Section 59, of the Texas

1-16     Constitution.

1-17           Sec. 623.212.  PERMITS BY PORT AUTHORITY.  The department may

1-18     authorize a port authority to issue permits for the movement of

1-19     oversize or overweight vehicles carrying cargo on state highways

1-20     located in counties contiguous to the Gulf of Mexico or a bay or

1-21     inlet opening into the gulf and bordering the United Mexican

1-22     States.

1-23           Sec. 623.213.  MAINTENANCE CONTRACTS.  A port authority

1-24     issuing permits under this subchapter shall make payments to the

 2-1     Texas Department of Transportation to provide funds for the

 2-2     maintenance of state highways subject to this subchapter.

 2-3           Sec. 623.214.  PERMIT FEES.  (a)  A port authority may

 2-4     collect a fee for permits issued under this subchapter.  Such fees

 2-5     shall not exceed $80.

 2-6           (b)  Fees collected under Subsection (a) shall be used solely

 2-7     to provide funds for the payments provided for under Section

 2-8     623.213 less administrative costs which shall not exceed 10 percent

 2-9     of the fees collected.  Such fees shall be deposited in State

2-10     Highway Fund 6.

2-11           Sec. 623.215.  PERMIT REQUIREMENTS.  (a)  A permit issued

2-12     under this subchapter must include:

2-13                 (1)  the name of the applicant;

2-14                 (2)  the date of issuance;

2-15                 (3)  the signature of the director of the port

2-16     authority;

2-17                 (4)  a statement of the kind of cargo being transported

2-18     over State Highway 48 between the Gateway International Bridge and

2-19     the entrance to the Port of Brownsville, the maximum weight and

2-20     dimensions of the equipment, and the kind and weight of each

2-21     commodity to be transported provided the gross weight of such

2-22     equipment and commodities shall not exceed 125,000 pounds;

2-23                 (5)  a statement of any condition on which the permit

2-24     is issued;

2-25                 (6)  a statement that the cargo shall be transported

2-26     over the most direct route from the Gateway International Bridge to

2-27     the entrance of the Port of Brownsville using State Highway 48.

 3-1           (b)  A port authority shall report to the department all

 3-2     permits issued under this subchapter.

 3-3           Sec. 623.216.  TIME OF MOVEMENT.  A permit issued under this

 3-4     subchapter shall specify the time in which movement authorized by

 3-5     the permit is allowed.

 3-6           Sec. 623.217.  SPEED LIMIT.  Movement authorized by a permit

 3-7     issued under this subchapter shall not exceed the posted speed

 3-8     limit or 55 miles per hour, whichever is less.  Violation of this

 3-9     provision shall constitute a moving violation.

3-10           Sec. 623.218.  ENFORCEMENT.  The Department of Public Safety

3-11     shall have authority to enforce the provisions of this subchapter.

3-12           Sec. 623.219.  EXPIRATION.  This Act will expire on March 1,

3-13     2001.

3-14           SECTION 2.  This Act takes effect September 1, 1997.

3-15           SECTION 3.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three separate

3-19     days in each house be suspended, and this rule is hereby suspended.