Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Oliveira                                     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, county,

1-10     or municipal roads located in counties that have a boundary that is

1-11     contiguous to the Republic of Mexico and the Gulf of Mexico.

1-12           Sec. 623.211.  DEFINITION.  In this subchapter, "port

1-13     authority" means a port authority created or operating under

1-14     Article III, Section 52, or Article XVI, Section 59, of the Texas

1-15     Constitution.

1-16           Sec. 623.212.  PERMITS BY PORT AUTHORITY.  The department may

1-17     authorize a port authority to issue permits for the movement of

1-18     oversize or overweight vehicles carrying cargo on state, county, or

1-19     municipal roads located in counties that have a boundary that is

1-20     contiguous to the Republic of Mexico and the Gulf of Mexico.

1-21           Sec. 623.213.  MAINTENANCE CONTRACTS.  A port authority

1-22     issuing permits under this subchapter shall contract with the

1-23     appropriate state agency, political subdivision, or road district

1-24     for the maintenance of roads and bridges subject to this

 2-1     subchapter.

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

 2-3     collect a fee for permits issued under this subchapter.

 2-4           (b)  A fee collected under Subsection (a) shall be used for

 2-5     the maintenance of roads and bridges pursuant to maintenance

 2-6     contracts created under Section 623.213.

 2-7           Sec. 623.215.  PERMIT REQUIREMENTS.  (a)  A permit issued

 2-8     under this subchapter must include:

 2-9                 (1)  the name of the applicant;

2-10                 (2)  the date of issuance;

2-11                 (3)  the signature of the director of the port

2-12     authority;

2-13                 (4)  a statement of the kind of cargo being transported

2-14     over the state, county, or municipal road, the maximum weight and

2-15     dimensions of the equipment, and the kind and weight of each

2-16     commodity to be transported;

2-17                 (5)  a statement of any condition on which the permit

2-18     is issued;

2-19                 (6)  a statement of each state, county, or municipal

2-20     road and bridge, and the distance over which the cargo is to be

2-21     transported.

2-22           (b)  A port authority shall report to the department all

2-23     permits issued under this subchapter.

2-24           Sec. 623.216.  TIME OF MOVEMENT.  A permit issued under this

2-25     subchapter shall specify the time in which movement authorized by

2-26     the permit is allowed.

2-27           Sec. 623.217.  SPEED LIMIT.  Movement authorized by a permit

2-28     issued under this subchapter shall not exceed the posted speed

2-29     limit or 55 miles per hour, whichever is less.

2-30           SECTION 2.  This Act takes effect September 1, 1997.

 3-1           SECTION 3.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.