AN ACT
1-1 relating to permits for overweight vehicles in certain counties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 623, Transportation Code, is amended by
1-4 adding Subchapter K to read as follows:
1-5 SUBCHAPTER K. PORT AUTHORITY PERMITS
1-6 Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides
1-7 an optional procedure for the issuance of a permit for the movement
1-8 of oversize or overweight vehicles carrying cargo on state highways
1-9 located in counties contiguous to the Gulf of Mexico or a bay or
1-10 inlet opening into the gulf and bordering the United Mexican
1-11 States.
1-12 Sec. 623.211. DEFINITION. In this subchapter, "port
1-13 authority" means a port authority created or operating under
1-14 Section 52, Article III, or Section 59, Article XVI, 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 highways
1-19 located in counties contiguous to the Gulf of Mexico or a bay or
1-20 inlet opening into the gulf and bordering the United Mexican
1-21 States.
1-22 Sec. 623.213. MAINTENANCE CONTRACTS. A port authority
1-23 issuing permits under this subchapter shall make payments to the
2-1 department to provide funds for the maintenance of state highways
2-2 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 per trip.
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
3-1 over the most direct route from the Gateway International Bridge to
3-2 the entrance of the Port of Brownsville using State Highway 48;
3-3 (7) the name of the driver of the vehicle in which the
3-4 cargo is to be transported; and
3-5 (8) the location where the cargo was loaded.
3-6 (b) A port authority shall report to the department all
3-7 permits issued under this subchapter.
3-8 Sec. 623.216. TIME OF MOVEMENT. A permit issued under this
3-9 subchapter shall specify the time in which movement authorized by
3-10 the permit is allowed.
3-11 Sec. 623.217. SPEED LIMIT. Movement authorized by a permit
3-12 issued under this subchapter shall not exceed the posted speed
3-13 limit or 55 miles per hour, whichever is less. Violation of this
3-14 provision shall constitute a moving violation.
3-15 Sec. 623.218. ENFORCEMENT. The Department of Public Safety
3-16 shall have authority to enforce the provisions of this subchapter.
3-17 Sec. 623.219. EXPIRATION. This Act expires March 1, 2001.
3-18 SECTION 2. This Act takes effect September 1, 1997.
3-19 SECTION 3. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1276 passed the Senate on
April 24, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1276 passed the House, with
amendments, on May 26, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor