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AN ACT
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relating to the issuance of certain permits for overweight |
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vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 623, Transportation Code, is amended by |
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adding Subchapters O and P to read as follows: |
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SUBCHAPTER O. PORT OF CORPUS CHRISTI AUTHORITY ROADWAY PERMITS |
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Sec. 623.280. OPTIONAL PROCEDURE. This subchapter provides |
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an optional procedure for the issuance of a permit by the Port of |
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Corpus Christi Authority for the movement of oversize or overweight |
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vehicles carrying cargo on a roadway owned and maintained by the |
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Port of Corpus Christi Authority that is located in San Patricio |
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County or Nueces County. |
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Sec. 623.281. DEFINITION. In this subchapter, "port |
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authority" means the Port of Corpus Christi Authority. |
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Sec. 623.282. ISSUANCE OF PERMITS. The port authority may |
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issue permits for the movement of oversize or overweight vehicles |
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carrying cargo on a roadway owned and maintained by the port |
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authority that is located in San Patricio County or Nueces County. |
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A permit issued under this subchapter is in addition to other |
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permits required by law. |
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Sec. 623.283. PERMIT FEES. (a) The port authority may |
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collect a fee for permits issued under this subchapter. The fees |
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may not exceed $80 per trip. |
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(b) Fees collected under Subsection (a) shall be used solely |
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for the construction and maintenance of port authority roadways. |
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Sec. 623.284. PERMIT REQUIREMENTS. A permit issued under |
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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 manager of transportation of |
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the port authority; |
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(4) a statement of the kind of cargo being |
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transported, the maximum weight and dimensions of the equipment, |
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and the kind and weight of each commodity to be transported; |
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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 may only be transported |
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on roadways that are owned and maintained by the port authority and |
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located in San Patricio County or Nueces County; and |
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(7) the location where the cargo was loaded. |
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Sec. 623.285. TIME OF MOVEMENT. A permit issued under this |
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subchapter must specify the time in which movement authorized by |
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the permit is allowed. |
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Sec. 623.286. SPEED LIMIT. Movement authorized by a permit |
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issued under this subchapter may not exceed the posted speed limit |
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or 55 miles per hour, whichever is less. Violation of this |
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provision shall constitute a moving violation. |
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Sec. 623.287. ENFORCEMENT. The Department of Public Safety |
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shall have authority to enforce the provisions of this subchapter. |
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Sec. 623.288. RULES. The Texas Transportation Commission |
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may adopt rules necessary to implement this subchapter. |
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SUBCHAPTER P. PORT OF CORPUS CHRISTI AUTHORITY SPECIAL FREIGHT |
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CORRIDOR PERMITS |
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Sec. 623.301. OPTIONAL PROCEDURE. This subchapter provides |
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an optional procedure for the issuance of a permit by the Port of |
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Corpus Christi Authority for the movement of oversize or overweight |
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vehicles carrying cargo on a state highway special freight corridor |
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located in San Patricio County. |
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Sec. 623.302. DEFINITIONS. In this subchapter: |
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(1) "Port authority" means the Port of Corpus Christi |
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Authority; and |
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(2) "Special freight corridor" means a highway built |
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by this state specifically for the movement of oversize or |
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overweight vehicles carrying cargo in San Patricio County to and |
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from the port authority's La Quinta terminal. |
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Sec. 623.303. ISSUANCE OF PERMITS. The Texas |
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Transportation Commission may authorize the port authority to issue |
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permits for the movement of oversize or overweight vehicles |
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carrying cargo on state highway special freight corridors located |
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in San Patricio County. The port authority may issue a permit under |
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this subchapter only if the cargo being transported weighs 125,000 |
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pounds or less. |
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Sec. 623.304. MAINTENANCE CONTRACTS. The port authority |
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shall make payments to the department to provide funds for the |
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maintenance of state highways subject to this subchapter. |
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Sec. 623.305. PERMIT FEES. (a) The port authority may |
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collect a fee for permits issued under this subchapter. The fees |
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may not exceed $80 per trip. |
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(b) Fees collected under Subsection (a) shall be used solely |
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to provide funds for the payments provided for under Section |
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623.304 and for the port authority's administrative costs, which |
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may not exceed 15 percent of the fees collected. The fees shall be |
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deposited in the state highway fund. Fees deposited in the state |
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highway fund under this section are exempt from the application of |
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Section 403.095, Government Code. |
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Sec. 623.306. PERMIT REQUIREMENTS. (a) A permit issued |
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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 manager of transportation of |
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the port authority; |
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(4) a statement of the kind of cargo being |
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transported, the maximum weight and dimensions of the equipment, |
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and the kind and weight of each commodity to be transported; |
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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 may only be transported |
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to and from the port authority's La Quinta terminal in San Patricio |
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County using a state highway special freight corridor in San |
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Patricio County; and |
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(7) the location where the cargo was loaded. |
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(b) The port authority shall report to the department all |
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permits issued under this subchapter. |
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Sec. 623.307. TIME OF MOVEMENT. A permit issued under this |
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subchapter must specify the time in which movement authorized by |
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the permit is allowed. |
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Sec. 623.308. SPEED LIMIT. Movement authorized by a permit |
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issued under this subchapter may not exceed the posted speed limit |
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or 55 miles per hour, whichever is less. Violation of this |
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provision shall constitute a moving violation. |
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Sec. 623.309. ENFORCEMENT. The Department of Public Safety |
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may enforce the provisions of this subchapter. |
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Sec. 623.310. RULES. The Texas Transportation Commission |
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may adopt rules necessary to implement this subchapter. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1571 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1571 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |