Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

         By:  Lucio                                   S.B. No. 1276

                                A BILL TO BE ENTITLED

                                       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.

 1-7           This subchapter provides an optional procedure for the

 1-8     issuance of a permit for the movement of oversize or overweight

 1-9     vehicles carrying cargo on state, county, or municipal roads

1-10     located in counties that have a boundary that is contiguous to the

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

1-12           Sec. 623.211.  Definition.

1-13           In this subchapter, "port authority" means a port authority

1-14     created or operating under Article III, Section 52, or Article XVI,

1-15     Section 59, of the Texas Constitution.

1-16           Sec. 623.212.  Permits by Port Authority.

1-17           The department may authorize a port authority to issue

1-18     permits for the movement of oversize or overweight vehicles

1-19     carrying cargo on state, county, or municipal roads located in

1-20     counties that have a boundary that is contiguous to the Republic of

1-21     Mexico and the Gulf of Mexico.

1-22           Sec. 623.213.  Maintenance Contracts.

1-23           A port authority issuing permits under this subchapter shall

 2-1     contract with the appropriate state agency, political subdivision,

 2-2     or road district for the maintenance of roads and bridges subject

 2-3     to this subchapter.

 2-4           Sec. 623.214.  Permit Fees.

 2-5           (a)  A port authority may collect a fee for permits issued

 2-6     under this subchapter.

 2-7           (b)  A fee collected under Subsection (a) shall be used for

 2-8     the maintenance of roads and bridges pursuant to maintenance

 2-9     contracts created under Section 623.213.

2-10           Sec. 623.215.  Permit Requirements.

2-11           (a)  A permit issued under this subchapter must include:

2-12                 (1)  the name of the applicant;

2-13                 (2)  the date of issuance;

2-14                 (3)  the signature of the director of the port

2-15     authority;

2-16                 (4)  a statement of the kind of cargo being transported

2-17     over the state, county, or municipal road, the maximum weight and

2-18     dimensions of the equipment, and the kind and weight of each

2-19     commodity to be transported;

2-20                 (5)  a statement of any condition on which the permit

2-21     is issued;

2-22                 (6)  a statement of each state, county, or municipal

2-23     road and bridge, and the distance over which the cargo is to be

2-24     transported.

2-25           (b)  A port authority shall report to the department all

 3-1     permits issued under this subchapter.

 3-2           Sec. 623.216.  Time of Movement.

 3-3           A permit issued under this subchapter shall specify the time

 3-4     in which movement authorized by the permit is allowed.

 3-5           Sec. 623.217.  Speed Limit.

 3-6           Movement authorized by a permit issued under this subchapter

 3-7     shall not exceed the posted speed limit or 55 miles per hour,

 3-8     whichever is less.

 3-9           SECTION 2.  This Act takes effect September 1, 1997.

3-10           SECTION 3.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.