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By: Armbrister S.B. No. 20
(In the Senate - Filed April 15, 2003; April 16, 2003, read
first time and referred to Committee on Natural Resources;
May 7, 2003, reported favorably by the following vote: Yeas 9,
Nays 0; May 7, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain permits for overweight
vehicles; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 623, Transportation Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. VICTORIA COUNTY NAVIGATION DISTRICT PERMITS
Sec. 623.230. OPTIONAL PROCEDURE. This subchapter provides
an optional procedure for the issuance of a permit by the Victoria
County Navigation District for the movement of oversize or
overweight vehicles carrying cargo on state highways located in
Victoria County.
Sec. 623.231. DEFINITION. In this subchapter, "district"
means the Victoria County Navigation District.
Sec. 623.232. ISSUANCE OF PERMITS. The Texas
Transportation Commission may authorize the district to issue
permits for the movement of oversize or overweight vehicles
carrying cargo on state highways located in Victoria County.
Sec. 623.233. MAINTENANCE CONTRACTS. The district shall
make payments to the department to provide funds for the
maintenance of state highways subject to this subchapter.
Sec. 623.234. PERMIT FEES. (a) The district may collect a
fee for permits issued under this subchapter. The fees shall not
exceed $80 per trip.
(b) Fees collected under Subsection (a) shall 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. The fees shall be deposited in the
state highway fund. Fees deposited in the state highway fund under
this section are exempt from the application of Section 403.095,
Government Code.
Sec. 623.235. PERMIT REQUIREMENTS. (a) A permit issued
under this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the district;
(4) a statement of the kind of cargo being transported
over Farm-to-Market Road 1432 to and from the Victoria Barge Canal
and up to but not past the intersection with State Highway 185, the
maximum weight and dimensions of the equipment, and the kind and
weight of each commodity to be transported, provided that the gross
weight of such equipment and commodities shall not exceed 125,000
pounds;
(5) a statement of any condition on which the permit is
issued;
(6) a statement that the cargo shall only be
transported to and from the Victoria Barge Canal using
Farm-to-Market Road 1432 and may not be transported over State
Highway 185;
(7) the name of the driver of the vehicle in which the
cargo is to be transported; and
(8) the location where the cargo was loaded.
(b) The district shall report to the department all permits
issued under this subchapter.
Sec. 623.236. TIME OF MOVEMENT. A permit issued under this
subchapter shall specify the time in which movement authorized by
the permit is allowed.
Sec. 623.237. SPEED LIMIT. Movement authorized by a permit
issued under this subchapter shall not exceed the posted speed
limit or 55 miles per hour, whichever is less. Violation of this
provision shall constitute a moving violation.
Sec. 623.238. ENFORCEMENT. The Department of Public Safety
shall have authority to enforce the provisions of this subchapter.
Sec. 623.239. RULES. The Texas Transportation Commission
may adopt rules necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2003.
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