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BILL ANALYSIS

 

 

 

C.S.H.B. 3722

By: Herrero

Transportation

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that growing shipping and refinery industries have increased cargo traffic in Texas ports, such as the Port of Corpus Christi, which has recently seen an abundance of large freight trucks. Currently, the Port of Corpus Christi Authority may issue oversize and overweight vehicle permits, but this authorization is limited to vehicles carrying cargo on state highway special freight corridors in only one county. C.S.H.B. 3722 seeks to expand this permit authorization to certain other roads and routes, which will allow for the efficient movement of cargo and further economic growth generated by the port.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

  

C.S.H.B. 3722 amends the Transportation Code to replace the authority of the Texas Transportation Commission to authorize the Port of Corpus Christi Authority to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highway special freight corridors located in San Patricio County with the authority of the commission to authorize the port authority to issue permits for the movement of such vehicles carrying cargo on certain specified roads in San Patricio and Nueces Counties or a route designated by the commission in consultation with the port authority. The bill changes the nature of one of the statements required to be included on such a permit issued by the port authority from a statement that the cargo may only be transported to and from the port authority's La Quinta terminal in San Patricio County using a state highway special freight corridor in San Patricio County to a statement that cargo may be transported in San Patricio and Nueces Counties only over the roads and designated routes as specified by the bill.

                                                                                                                                      

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 3722 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

No equivalent provision.

 

SECTION 1.  The heading to Subchapter P, Chapter 623, Transportation Code, is amended to read as follows:

SUBCHAPTER P.  PORT OF CORPUS CHRISTI AUTHORITY [SPECIAL FREIGHT CORRIDOR] PERMITS

SECTION 1.  Section 623.301, Transportation Code, is amended to read as follows:

Sec. 623.301.  OPTIONAL PROCEDURE.  This subchapter provides an optional procedure for the issuance of a permit by the Port of Corpus Christi Authority for the movement of oversize or overweight vehicles carrying cargo on a state highway special freight corridor located in San Patricio County or Nueces County.

 

SECTION 2.  Section 623.301, Transportation Code, is amended to read as follows:

Sec. 623.301.  OPTIONAL PROCEDURE.  This subchapter provides an optional procedure for the issuance of a permit by the Port of Corpus Christi Authority for the movement of oversize or overweight vehicles carrying cargo on certain roads [a state highway special freight corridor] located in San Patricio and Nueces Counties [County].

SECTION 2.  Section 623.302(2), Transportation Code, is amended to read as follows:

 

 

 

 

 

(2)  "Special freight corridor" means a highway built by this state specifically for the movement of oversize or overweight vehicles carrying cargo in San Patricio County or Nueces County to and from the port authority's:

(A)  La Quinta terminal; or

(B)  Joe Fulton International Trade Corridor.

SECTION 3.  Section 623.302, Transportation Code, is amended to read as follows:

Sec. 623.302.  DEFINITION [DEFINITIONS].  In this subchapter, "port [:

[(1)  "Port] authority" means the Port of Corpus Christi Authority[; and

[(2)  "Special freight corridor" means a highway built by this state specifically for the movement of oversize or overweight vehicles carrying cargo in San Patricio County to and from the port authority's La Quinta terminal].

 

SECTION 3.  Section 623.303, Transportation Code, is amended to read as follows:

Sec. 623.303.  ISSUANCE OF PERMITS.  The Texas Transportation Commission may authorize the port authority to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highway special freight corridors located in San Patricio County or Nueces County

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The port authority may issue a permit under this subchapter only if the cargo being transported weighs 125,000 pounds or less.

SECTION 4.  Section 623.303, Transportation Code, is amended to read as follows:

Sec. 623.303.  ISSUANCE OF PERMITS.  (a) The Texas Transportation Commission may authorize the port authority to issue permits for the movement of oversize or overweight vehicles carrying cargo [on state highway special freight corridors located] in San Patricio and Nueces Counties on:

(1)  the following roads:

(A)  U.S.  Highway 181 between its intersection with Burleson Street in the city of Corpus Christi and its intersection with County Road 3567 (Midway Road) in San Patricio County;

(B)  State Highway 35 between its intersection with Burleson Street in the city of Corpus Christi and its intersection with Farm-to-Market Road 3512;

(C)  State Highway 361 between its intersection with State Highway 35 and its intersection with Farm-to-Market Road 1069 (Main Street) in the city of Ingleside; and

(D)  proposed State Highway 200 between its intersection with State Highway 361 and its intersection with Farm-to-Market Road 1069 (Main Street) in the city of Ingleside, if proposed State Highway 200 is constructed; or

(2)  another route designated by the commission in consultation with the authority [County].

(b)  The port authority may issue a permit under this subchapter only if the cargo being transported weighs 125,000 pounds or less.

SECTION 4.  Section 623.306(a), Transportation Code, is amended to read as follows:

(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 manager of transportation of the port 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 of any condition on which the permit is issued;

(6)  a statement that the cargo may only be transported to and from the port authority's:

(A)  La Quinta terminal in San Patricio County using a state highway special freight corridor in San Patricio County; or

(B)  Joe Fulton International Trade Corridor in Nueces County using a state highway special freight corridor in Nueces County; and

(7)  the location where the cargo was loaded.

SECTION 5.  Section 623.306(a), Transportation Code, is amended to read as follows:

(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 manager of transportation of the port 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 of any condition on which the permit is issued;

(6)  a statement that the cargo may [only] be transported in San Patricio and Nueces Counties only over the roads described by or designated under Section 623.303 [to and from the port authority's La Quinta terminal in San Patricio County using a state highway special freight corridor in San Patricio County]; and

 

(7)  the location where the cargo was loaded.

SECTION 5.  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, 2015.

SECTION 6. Same as introduced version.