H.B. No. 1044




AN ACT
relating to an optional procedure for the issuance of a permit by a certain county for the movement of oversize or overweight vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 623, Transportation Code, is amended by adding Subchapter M to read as follows:
SUBCHAPTER M. CHAMBERS COUNTY PERMITS
Sec. 623.250. OPTIONAL PROCEDURE. This subchapter provides an optional procedure for the issuance of a permit by Chambers County for the movement of oversize or overweight vehicles carrying cargo on certain state highways located in Chambers County. Sec. 623.251. DEFINITION. In this subchapter, "county" means Chambers County. Sec. 623.252. ISSUANCE OF PERMITS. (a) The Texas Transportation Commission may authorize the county to issue permits for the movement of oversize or overweight vehicles carrying cargo on state highways located in Chambers County. (b) A permit issued under this subchapter may authorize: (1) the transport of cargo only on the following roads in Chambers County: (A) Farm-to-Market Road 1405; and (B) the frontage road of State Highway 99 located in the Cedar Crossing Business Park; and (2) the movement of equipment and commodities weighing 100,000 pounds or less. Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make payments to the department to provide funds for the maintenance of state highways subject to this subchapter. Sec. 623.254. PERMIT FEES. (a) The county may collect a fee for permits issued under this subchapter. The fee may not exceed $80 per trip. (b) Fees collected under Subsection (a) may be used only to provide funds for the payments under Section 623.253 and for the county's administrative costs, which may not exceed 15 percent of the fees collected. The fees shall be deposited in the state highway fund. Fees deposited in the state highway fund under this section are exempt from the application of Section 403.095, Government Code. Sec. 623.255. 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 county; (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 be transported in Chambers County only over Farm-to-Market Road 1405 and the frontage road of State Highway 99 located in the Cedar Crossing Business Park; and (7) the location where the cargo was loaded. (b) The county shall report to the department all permits issued under this subchapter. Sec. 623.256. TIME OF MOVEMENT. A permit issued under this subchapter must specify the time during which movement authorized by the permit is allowed. Sec. 623.257. 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. 623.258. ENFORCEMENT. The Department of Public Safety has authority to enforce this subchapter. Sec. 623.259. RULES. The Texas Transportation Commission may adopt rules necessary to implement this subchapter. SECTION 2. 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, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1044 was passed by the House on March 17, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1044 on May 24, 2005, by the following vote: Yeas 140, Nays 0, 1 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1044 was passed by the Senate, with amendments, on May 23, 2005, by the following vote: Yeas 30, Nays 1. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor