1-1 By: Lucio S.B. No. 1276 1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read 1-3 first time and referred to Committee on International Relations, 1-4 Trade, and Technology; April 21, 1997, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays 1-6 1; April 21, 1997, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1276 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to permits for overweight vehicles in certain counties. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 623, Transportation Code, is amended by 1-13 adding Subchapter K to read as follows: 1-14 SUBCHAPTER K. PORT AUTHORITY PERMITS 1-15 Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides 1-16 an optional procedure for the issuance of a permit for the movement 1-17 of oversize or overweight vehicles carrying cargo on state highways 1-18 located in counties contiguous to the Gulf of Mexico or a bay or 1-19 inlet opening into the gulf and bordering the United Mexican 1-20 States. 1-21 Sec. 623.211. DEFINITION. In this subchapter, "port 1-22 authority" means a port authority created or operating under 1-23 Section 52, Article III, or Section 59, Article XVI, Texas 1-24 Constitution. 1-25 Sec. 623.212. PERMITS BY PORT AUTHORITY. The department may 1-26 authorize a port authority to issue permits for the movement of 1-27 oversize or overweight vehicles carrying cargo on state highways 1-28 located in counties contiguous to the Gulf of Mexico or a bay or 1-29 inlet opening into the gulf and bordering the United Mexican 1-30 States. 1-31 Sec. 623.213. MAINTENANCE CONTRACTS. A port authority 1-32 issuing permits under this subchapter shall make payments to the 1-33 Texas Department of Transportation to provide funds for the 1-34 maintenance of state highways subject to this subchapter. 1-35 Sec. 623.214. PERMIT FEES. (a) A port authority may 1-36 collect a fee for permits issued under this subchapter. Such fees 1-37 shall not exceed $80. 1-38 (b) Fees collected under Subsection (a) shall be used solely 1-39 to provide funds for the payments provided for under Section 1-40 623.213 less administrative costs which shall not exceed 10 percent 1-41 of the fees collected. 1-42 Sec. 623.215. PERMIT REQUIREMENTS. (a) A permit issued 1-43 under this subchapter must include: 1-44 (1) the name of the applicant; 1-45 (2) the date of issuance; 1-46 (3) the signature of the director of the port 1-47 authority; 1-48 (4) a statement of the kind of cargo being transported 1-49 over State Highway 48 between the Gateway International Bridge and 1-50 the entrance to the Port of Brownsville, the maximum weight and 1-51 dimensions of the equipment, and the kind and weight of each 1-52 commodity to be transported provided the gross weight of such 1-53 equipment and commodities shall not exceed 125,000 pounds; 1-54 (5) a statement of any condition on which the permit 1-55 is issued; and 1-56 (6) a statement that the cargo shall be transported 1-57 over the most direct route from the Gateway International Bridge to 1-58 the entrance of the Port of Brownsville using State Highway 48. 1-59 (b) A port authority shall report to the department all 1-60 permits issued under this subchapter. 1-61 Sec. 623.216. TIME OF MOVEMENT. A permit issued under this 1-62 subchapter shall specify the time in which movement authorized by 1-63 the permit is allowed. 1-64 Sec. 623.217. SPEED LIMIT. Movement authorized by a permit 2-1 issued under this subchapter shall not exceed the posted speed 2-2 limit or 55 miles per hour, whichever is less. Violation of this 2-3 provision shall constitute a moving violation. 2-4 Sec. 623.218. ENFORCEMENT. The Department of Public Safety 2-5 shall have authority to enforce the provisions of this subchapter. 2-6 Sec. 623.219. EXPIRATION. This subchapter expires on 2-7 completion of the Port International Bridge Project. 2-8 SECTION 2. This Act takes effect September 1, 1997. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended. 2-14 * * * * *