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.

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