2009S0316-2 02/13/09
 
  By: Lucio S.B. No. 1373
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and continuation of the law authorizing
  the issuance of oversize or overweight vehicle permits by certain
  port authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  Subsection (b), Section 623.214,
  Transportation Code, is amended to read as follows:
         (b)  Fees collected under Subsection (a), minus
  administrative costs, shall be used solely to provide funds for the
  maintenance and improvement of state highways subject to this
  subchapter.  The [payments provided for under Section 623.213 less]
  administrative costs, which shall not exceed 15 percent of the fees
  collected, may be retained by the port authority.  The [Such] fees,
  less administrative costs, shall be deposited in State Highway Fund
  6.
         (b)  Sections 623.213 and 623.219, Transportation Code, are
  repealed.
         SECTION 2.  Subchapter K, Chapter 623, Transportation Code,
  is reenacted and amended to read as follows:
  SUBCHAPTER K.  PORT AUTHORITY PERMITS
         Sec. 623.210.  OPTIONAL PROCEDURE.  This subchapter provides
  an optional procedure for the issuance of a permit for the movement
  of oversize or overweight vehicles carrying cargo on state highways
  located in counties contiguous to the Gulf of Mexico or a bay or
  inlet opening into the gulf and bordering the United Mexican
  States.
         Sec. 623.211.  DEFINITION.  In this subchapter, "port
  authority" means a port authority created or operating under
  Section 52, Article III, or Section 59, Article XVI, Texas
  Constitution.
         Sec. 623.212.  PERMITS BY PORT AUTHORITY.  The department
  may authorize a port authority to issue permits for the movement of
  oversize or overweight vehicles carrying cargo on state highways
  located in counties contiguous to the Gulf of Mexico or a bay or
  inlet opening into the gulf and bordering the United Mexican
  States.
         Sec. 623.213.  [MAINTENANCE CONTRACTS.   A port authority
  issuing permits under this subchapter shall make payments to the
  department to provide funds for the maintenance of state highways
  subject to this subchapter.
         [Sec. 623.214.]  PERMIT FEES.  (a)  A port authority may
  collect a fee for permits issued under this subchapter. Such fees
  shall not exceed $80 per trip.
         (b)  Fees collected under Subsection (a), minus
  administrative costs, shall be used solely to provide funds for the
  maintenance and improvement of state highways subject to this
  subchapter.  The [payments provided for under Section 623.213 less]
  administrative costs, which shall not exceed 15 percent of the fees
  collected, may be retained by the port authority. The [Such] fees,
  less administrative costs, shall be deposited in State Highway Fund
  6.
         Sec. 623.214 [623.215].  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 port
  authority;
               (4)  a statement of the kind of cargo being transported
  over State Highways 48 and 4 between the Gateway International
  Bridge and the entrance to the Port of Brownsville, or over State
  Highways 48 and 4 and United States Highways 77 and 83 between
  Veterans International Bridge at Los Tomates and the entrance to
  the Port of Brownsville, the maximum weight and dimensions of the
  equipment, and the kind and weight of each commodity to be
  transported provided 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 be transported
  over the most direct route from the Gateway International Bridge or
  the Veterans International Bridge at Los Tomates to the entrance of
  the Port of Brownsville using State Highways 48 and 4 or United
  States Highways 77 and 83;
               (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)  A port authority shall report to the department all
  permits issued under this subchapter.
         Sec. 623.215 [623.216].  TIME OF MOVEMENT.  A permit issued
  under this subchapter shall specify the time in which movement
  authorized by the permit is allowed.
         Sec. 623.216 [623.217].  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. 623.217 [623.218].  ENFORCEMENT.  The Department of
  Public Safety shall have authority to enforce the provisions of
  this subchapter.
         [Sec.   623.219.     EXPIRATION. This subchapter expires June 1,
  2009.]
         SECTION 3.  (a)  Section 1 of this Act takes effect only if
  this Act takes effect on or before June 1, 2009.
         (b)  Section 2 of this Act takes effect only if this Act takes
  effect on or after June 2, 2009.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.