By: Munoz, Jr., Guerra H.B. No. 474
  COMMITTEE SUBSTITUTE FOR H.B. No. 474By:  Davis By:  Davis
         (In the Senate - Received from the House April 15, 2013;
  April 17, 2013, read first time and referred to Committee on
  Transportation; May 14, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 14, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an optional procedure for the issuance of a permit by a
  certain regional mobility authority for the movement of oversize or
  overweight vehicles carrying cargo; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 623, Transportation Code, is amended by
  adding Subchapter Q to read as follows:
  SUBCHAPTER Q.  REGIONAL MOBILITY AUTHORITY PERMITS
         Sec. 623.320.  OPTIONAL PROCEDURE. This subchapter provides
  an optional procedure for the issuance of a permit by a regional
  mobility authority for the movement of oversize or overweight
  vehicles carrying cargo on certain roads located in Hidalgo County.
         Sec. 623.321.  DEFINITION. In this subchapter, "authority"
  means the regional mobility authority authorized to issue permits
  under Section 623.322.
         Sec. 623.322.  ISSUANCE OF PERMITS. (a)  The commission may
  authorize a regional mobility authority to issue permits for the
  movement of oversize or overweight vehicles carrying cargo in
  Hidalgo County on:
               (1)  the following roads:
                     (A)  U.S. Highway 281 between its intersection
  with the Pharr-Reynosa International Bridge and its intersection
  with State Highway 336;
                     (B)  State Highway 336 between its intersection
  with U.S. Highway 281 and its intersection with Farm-to-Market Road
  1016;
                     (C)  Farm-to-Market Road 1016 between its
  intersection with State Highway 336 and its intersection with
  Trinity Road;
                     (D)  Trinity Road between its intersection with
  Farm-to-Market Road 1016 and its intersection with Farm-to-Market
  Road 396;
                     (E)  Farm-to-Market Road 396 between its
  intersection with Trinity Road and its intersection with the
  Anzalduas International Bridge;
                     (F)  Farm-to-Market Road 2061 between its
  intersection with Farm-to-Market Road 3072 and its intersection
  with U.S. Highway 281;
                     (G)  U.S. Highway 281 between its intersection
  with the Pharr-Reynosa International Bridge and its intersection
  with Spur 29;
                     (H)  Spur 29 between its intersection with U.S.
  Highway 281 and its intersection with Doffin Canal Road; and
                     (I)  Doffin Canal Road between its intersection
  with the Pharr-Reynosa International Bridge and its intersection
  with Spur 29; or
               (2)  another route designated by the commission in
  consultation with the authority.
         (b)  The authority authorized under this section must serve
  the same geographic location as the roads over which the permit is
  valid.
         Sec. 623.323.  PERMIT FEES. (a) The authority may collect a
  fee for permits issued under this subchapter. Beginning September
  1, 2013, the maximum amount of the fee may not exceed $80 per trip.  
  On September 1 of each subsequent year, the authority may adjust the
  maximum fee amount as necessary to reflect the percentage change
  during the preceding year in the Consumer Price Index for All Urban
  Consumers (CPI-U), U.S. City Average, published monthly by the
  United States Bureau of Labor Statistics or its successor in
  function.
         (b)  Fees collected under Subsection (a) shall be used only
  for the construction and maintenance of the roads described by or
  designated under Section 623.322 and for the authority's
  administrative costs, which may not exceed 15 percent of the fees
  collected. The authority shall make payments to the Texas
  Department of Transportation to provide funds for the maintenance
  of roads and highways subject to this subchapter.
         Sec. 623.324.  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 designated agent for the
  authority;
               (4)  a statement of the kind of cargo being
  transported, the maximum weight and dimensions of the equipment,
  and the kind and weight of each commodity to be transported;
               (5)  a statement:
                     (A)  that the gross weight of the vehicle for
  which a permit is issued may not exceed 125,000 pounds; and
                     (B)  of any other condition on which the permit is
  issued;
               (6)  a statement that the cargo may be transported in
  Hidalgo County only over the roads described by or designated under
  Section 623.322; and
               (7)  the location where the cargo was loaded.
         (b)  The authority shall report to the department all permits
  issued under this subchapter.
         Sec. 623.325.  TIME OF MOVEMENT. A permit issued under this
  subchapter must specify the time during which movement authorized
  by the permit is allowed.
         Sec. 623.326.  SPEED LIMIT. Movement authorized by a permit
  issued under this subchapter may not exceed the posted speed limit
  or 55 miles per hour, whichever is less. A violation of this
  provision constitutes a moving violation.
         Sec. 623.327.  ENFORCEMENT. The Department of Public Safety
  has authority to enforce this subchapter.
         Sec. 623.328.  RULES. The commission may adopt rules
  necessary to implement this subchapter.
         SECTION 2.  This Act takes effect September 1, 2013.
 
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