S.B. 20 78(R)    BILL ANALYSIS


S.B. 20
By: Armbrister
Transportation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

As proposed, S.B. 20 provides an optional procedure for the issuance of
certain permits by the Victoria County Navigation District for the
movement of oversize or overweight vehicles carrying cargo on state
highways located in Victoria County. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Transportation Commission in SECTION 1 (Section
623.239, Transportation Code) of this bill. 

ANALYSIS

SECTION 1.  Amends Chapter 623, Transportation Code, by adding Subchapter
L, as follows: 

SUBCHAPTER L.  VICTORIA COUNTY NAVIGATION DISTRICT PERMITS

Sec. 623.230.  OPTIONAL PROCEDURE.  Provides that this subchapter provides
an optional procedure for the issuance of a permit by the Victoria County
Navigation District (district) for the movement of oversize or overweight
vehicles carrying cargo on state highways located in Victoria County. 

Sec. 623.231.  DEFINITION.  Defines "district."

Sec. 623.232.  ISSUANCE OF PERMITS.  Authorizes the Texas Transportation
Commission (TTC) to authorize the district to issue permits for the
movement of oversize of overweight vehicles carrying cargo on state
highways located in Victoria County. 

Sec. 623.233.  MAINTENANCE CONTRACTS.  Requires the district to make
payments to the Texas Department of Transportation (TxDOT) to provide
funds for the maintenance of state highways subject to this subchapter. 

Sec. 623.234.  PERMIT FEES.  (a) Authorizes the district to collect a fee
for permits issued under this subchapter.  Prohibits the fees from
exceeding $80 per trip. 

(b) Requires fees collected under Subsection (a) to be used solely to
provide funds for the payments provided for under Section 623.233 less
administrative costs which shall not exceed 15 percent of the fees
collected.  Requires the fees to be deposited in the state highway fund.
Provides that fees deposited in the state highway fund under this section
are exempt from the application of Section 403.095, Government Code (Use
of Dedicated Revenue). 

Sec. 623.235.  PERMIT REQUIREMENTS.  (a) Requires a permit issued under
this subchapter to include certain information. 

(b) Requires the district to report to TxDOT all permits issued under this
subchapter. 

Sec. 623.236.  TIME OF MOVEMENT.  Requires a permit issued under this
subchapter  to specify the time in which movement authorized by the permit
is allowed. 

Sec. 623.237.  SPEED LIMIT.  Prohibits movement authorized by a permit
issued under this subchapter from exceeding the posted speed limit or 55
miles per hour, whichever is less.  Requires violation of this provision
to constitute a moving violation. 

Sec. 623.238.  ENFORCEMENT.  Requires the Department of Public Safety to
have authority to enforce the provisions of this subchapter. 

Sec. 623.239.  RULES.  Authorizes TTC to adopt rules necessary to
implement this subchapter. 

SECTION 2.  Effective date: September 1, 2003.

EFFECTIVE DATE

September 1, 2003.