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A BILL TO BE ENTITLED
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AN ACT
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relating to an optional procedure for the issuance of a permit by |
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certain governmental entities for the movement of oversize or |
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overweight vehicles carrying agricultural products; authorizing a |
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fee. |
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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 Subchapter Q to read as follows: |
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SUBCHAPTER Q. CERTAIN PERMITS FOR AGRICULTURAL PRODUCTS |
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Sec. 623.320. OPTIONAL PROCEDURE. This subchapter provides |
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an optional procedure for the issuance of a permit by a governmental |
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entity for the movement of oversize or overweight vehicles carrying |
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agricultural products on certain roads located in Hidalgo County. |
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Sec. 623.321. DEFINITION. In this subchapter, |
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"governmental entity" means a governmental entity that agrees to |
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issue permits under Section 623.322. |
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Sec. 623.322. ISSUANCE OF PERMITS. (a) The commission may |
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authorize a governmental entity to issue permits for the movement |
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of oversize or overweight vehicles carrying agricultural products |
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in Hidalgo County on: |
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(1) the following roads: |
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(A) U.S. Highway 281 between its intersection |
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with the Pharr-Reynosa International Bridge and its intersection |
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with State Highway 336; |
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(B) State Highway 336 between its intersection |
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with U.S. Highway 281 and its intersection with Farm-to-Market Road |
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1016; |
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(C) Farm-to-Market Road 1016 between its |
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intersection with State Highway 336 and its intersection with |
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Farm-to-Market Road 396; |
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(D) Farm-to-Market Road 396 between its |
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intersection with Farm-to-Market Road 1016 and its intersection |
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with the Anzalduas International Bridge; |
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(E) Farm-to-Market Road 2061 between its |
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intersection with Farm-to-Market Road 3072 and its intersection |
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with U.S. Highway 281; |
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(F) U.S. Highway 281 between its intersection |
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with the Pharr-Reynosa International Bridge and its intersection |
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with Spur 29; |
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(G) Spur 29 between its intersection with U.S. |
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Highway 281 and its intersection with Doffin Canal Road; and |
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(H) Doffin Canal Road between its intersection |
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with the Pharr International Bridge and its intersection with Spur |
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29; or |
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(2) another route designated by the commission in |
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consultation with the governmental entity. |
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(b) The governmental entity authorized under this section |
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must serve the same geographic location as the roads over which the |
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permit is valid. |
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Sec. 623.323. PERMIT FEES. (a) The governmental entity may |
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collect a fee for permits issued under this subchapter. Beginning |
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September 1, 2013, the maximum amount of the fee may not exceed $80 |
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per trip. On September 1 of each subsequent year, the governmental |
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entity may adjust the maximum fee amount as necessary to reflect the |
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percentage change during the preceding year in the Consumer Price |
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Index for All Urban Consumers (CPI-U), U.S. City Average, published |
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monthly by the United States Bureau of Labor Statistics or its |
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successor in function. |
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(b) Fees collected under Subsection (a) shall be used only |
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for the construction and maintenance of the roads described by or |
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designated under Section 623.322 and for the governmental entity's |
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administrative costs, which may not exceed 15 percent of the fees |
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collected. The governmental entity shall make payments to the |
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Texas Department of Transportation to provide funds for the |
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maintenance of roads and highways subject to this subchapter. |
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Sec. 623.324. 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 designated agent for the |
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governmental entity; |
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(4) a statement of the weight and dimensions of the |
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vehicle and the kind and weight of each agricultural product to be |
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transported; |
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(5) a statement: |
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(A) that the gross weight of the vehicle for |
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which a permit is issued may not exceed 125,000 pounds; and |
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(B) of any other condition on which the permit is |
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issued; |
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(6) a statement that the agricultural products may be |
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transported in Hidalgo County only over the roads described by or |
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designated under Section 623.322; and |
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(7) the location where the agriculture products were |
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loaded. |
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(b) The governmental entity shall report to the department |
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all permits issued under this subchapter. |
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Sec. 623.325. TIME OF MOVEMENT. A permit issued under this |
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subchapter must specify the time during which movement authorized |
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by the permit is allowed. |
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Sec. 623.326. 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. A violation of this |
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provision constitutes a moving violation. |
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Sec. 623.327. ENFORCEMENT. The Department of Public Safety |
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has authority to enforce this subchapter. |
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Sec. 623.328. RULES. The commission may adopt rules |
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necessary to implement this subchapter. |
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SECTION 2. This Act takes effect September 1, 2013. |