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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and continuation of the law authorizing |
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the issuance of oversize or overweight vehicle permits by certain |
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port authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subsection (b), Section 623.214, |
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Transportation Code, is amended to read as follows: |
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(b) Fees collected under Subsection (a), minus |
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administrative costs, shall be used solely to provide funds for the |
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maintenance and improvement of state highways subject to this |
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subchapter. The [payments provided for under Section 623.213 less] |
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administrative costs, which shall not exceed 15 percent of the fees |
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collected, may be retained by the port authority. The [Such] fees, |
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less administrative costs, shall be deposited in State Highway Fund |
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6. |
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(b) Sections 623.213 and 623.219, Transportation Code, are |
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repealed. |
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SECTION 2. Subchapter K, Chapter 623, Transportation Code, |
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is reenacted and amended to read as follows: |
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SUBCHAPTER K. PORT AUTHORITY PERMITS |
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Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides |
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an optional procedure for the issuance of a permit for the movement |
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of oversize or overweight vehicles carrying cargo on state highways |
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located in counties contiguous to the Gulf of Mexico or a bay or |
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inlet opening into the gulf and bordering the United Mexican |
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States. |
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Sec. 623.211. DEFINITION. In this subchapter, "port |
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authority" means a port authority created or operating under |
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Section 52, Article III, or Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 623.212. PERMITS BY PORT AUTHORITY. The department |
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may authorize a port authority to issue permits for the movement of |
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oversize or overweight vehicles carrying cargo on state highways |
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located in counties contiguous to the Gulf of Mexico or a bay or |
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inlet opening into the gulf and bordering the United Mexican |
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States. |
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Sec. 623.213. [MAINTENANCE CONTRACTS.
A port authority
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issuing permits under this subchapter shall make payments to the
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department to provide funds for the maintenance of state highways
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subject to this subchapter.
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[Sec. 623.214.] PERMIT FEES. (a) A port authority may |
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collect a fee for permits issued under this subchapter. Such fees |
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shall not exceed $80 per trip. |
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(b) Fees collected under Subsection (a), minus |
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administrative costs, shall be used solely to provide funds for the |
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maintenance and improvement of state highways subject to this |
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subchapter. The [payments provided for under Section 623.213 less] |
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administrative costs, which shall not exceed 15 percent of the fees |
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collected, may be retained by the port authority. The [Such] fees, |
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less administrative costs, shall be deposited in State Highway Fund |
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6. |
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Sec. 623.214 [623.215]. PERMIT REQUIREMENTS. (a) A |
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permit issued under this subchapter must include: |
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(1) the name of the applicant; |
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(2) the date of issuance; |
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(3) the signature of the director of the port |
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authority; |
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(4) a statement of the kind of cargo being transported |
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over State Highways 48 and 4 between the Gateway International |
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Bridge and the entrance to the Port of Brownsville, or over State |
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Highways 48 and 4 and United States Highways 77 and 83 between |
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Veterans International Bridge at Los Tomates and the entrance to |
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the Port of Brownsville, the maximum weight and dimensions of the |
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equipment, and the kind and weight of each commodity to be |
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transported provided the gross weight of such equipment and |
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commodities shall not exceed 125,000 pounds; |
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(5) a statement of any condition on which the permit is |
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issued; |
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(6) a statement that the cargo shall be transported |
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over the most direct route from the Gateway International Bridge or |
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the Veterans International Bridge at Los Tomates to the entrance of |
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the Port of Brownsville using State Highways 48 and 4 or United |
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States Highways 77 and 83; |
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(7) the name of the driver of the vehicle in which the |
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cargo is to be transported; and |
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(8) the location where the cargo was loaded. |
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(b) A port authority shall report to the department all |
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permits issued under this subchapter. |
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Sec. 623.215 [623.216]. TIME OF MOVEMENT. A permit issued |
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under this subchapter shall specify the time in which movement |
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authorized by the permit is allowed. |
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Sec. 623.216 [623.217]. SPEED LIMIT. Movement authorized |
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by a permit issued under this subchapter shall not exceed the posted |
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speed limit or 55 miles per hour, whichever is less. Violation of |
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this provision shall constitute a moving violation. |
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Sec. 623.217 [623.218]. ENFORCEMENT. The Department of |
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Public Safety shall have authority to enforce the provisions of |
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this subchapter. |
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[Sec.
623.219.
EXPIRATION. This subchapter expires June 1,
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2009.] |
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SECTION 3. (a) Section 1 of this Act takes effect only if |
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this Act takes effect on or before June 1, 2009. |
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(b) Section 2 of this Act takes effect only if this Act takes |
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effect on or after June 2, 2009. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |