S.B. No. 1373
 
 
 
 
AN ACT
  relating to the operation and continuation of the law authorizing
  the issuance of oversize or overweight vehicle permits by certain
  port authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. AMENDMENT OF SUBCHAPTER K, CHAPTER 623, BEFORE
  EXPIRATION
         SECTION 1.01.  Subsection (b), Section 623.214,
  Transportation Code, is amended to read as follows:
         (b)  Fees collected under Subsection (a), less
  administrative costs, shall be used solely to provide funds for the
  maintenance and improvement of state highways subject to this
  subchapter. The [payments provided for under Section 623.213 less]
  administrative costs, which may [shall] not exceed 15 percent of
  the fees collected, may be retained by the port authority. The
  [Such] fees, less administrative costs, shall be deposited in the
  State Highway Fund [6].
         SECTION 1.02.  Subsection (a), Section 623.215,
  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 director of the port
  authority;
               (4)  a statement of the kind of cargo being transported
  under the permit [over State Highways 48 and 4 between the Gateway
  International Bridge and the entrance to the Port of Brownsville,
  or over State Highways 48 and 4 and United States Highways 77 and 83
  between Veterans International Bridge at Los Tomates and the
  entrance to the Port of Brownsville], the maximum weight and
  dimensions of the equipment, and the kind and weight of each
  commodity to be transported provided the gross weight of such
  equipment and commodities shall not exceed 125,000 pounds;
               (5)  a statement of any condition on which the permit is
  issued;
               (6)  a statement of the route designated under Section
  623.219 [that the cargo shall be transported over the most direct
  route from the Gateway International Bridge or the Veterans
  International Bridge at Los Tomates to the entrance of the Port of
  Brownsville using State Highways 48 and 4 or United States Highways
  77 and 83];
               (7)  the name of the driver of the vehicle in which the
  cargo is to be transported; and
               (8)  the location where the cargo was loaded.
         SECTION 1.03.  Section 623.219, Transportation Code, is
  amended to read as follows:
         Sec. 623.219.  ROUTE DESIGNATION [EXPIRATION]. (a)  The
  commission shall, with the consent of the port authority, designate
  the most direct route from the Gateway International Bridge or the
  Veterans International Bridge at Los Tomates to the entrance of the
  Port of Brownsville using State Highways 48 and 4 or United States
  Highways 77 and 83 or using United States Highway 77 and United
  States Highway 83, East Loop Corridor, and State Highway 4.
         (b)  If the commission designates a route or changes the
  route designated under this section, the commission shall notify
  the port authority of the route not later than the 60th day before
  the date that the designation takes effect [This subchapter expires
  June 1, 2009].
         SECTION 1.04.  Section 623.213, Transportation Code, is
  repealed.
  ARTICLE 2. REENACTMENT AND AMENDMENT OF SUBCHAPTER K,
  CHAPTER 623, AFTER EXPIRATION
         SECTION 2.01.  Subchapter K, Chapter 623, Transportation
  Code, is reenacted and amended to read as follows:
  SUBCHAPTER K. PORT AUTHORITY PERMITS
         Sec. 623.210.  OPTIONAL PROCEDURE. This subchapter provides
  an optional procedure for the issuance of a permit for the movement
  of oversize or overweight vehicles carrying cargo on state highways
  located in counties contiguous to the Gulf of Mexico or a bay or
  inlet opening into the gulf and bordering the United Mexican
  States.
         Sec. 623.211.  DEFINITION. In this subchapter, "port
  authority" means a port authority created or operating under
  Section 52, Article III, or Section 59, Article XVI, Texas
  Constitution.
         Sec. 623.212.  PERMITS BY PORT AUTHORITY. The department
  may authorize a port authority to issue permits for the movement of
  oversize or overweight vehicles carrying cargo on state highways
  located in counties contiguous to the Gulf of Mexico or a bay or
  inlet opening into the gulf and bordering the United Mexican
  States.
         Sec. 623.213.  [MAINTENANCE CONTRACTS. A port authority
  issuing permits under this subchapter shall make payments to the
  department to provide funds for the maintenance of state highways
  subject to this subchapter.
         [Sec. 623.214.]  PERMIT FEES. (a)  A port authority may
  collect a fee for permits issued under this subchapter. The [Such]
  fees may [shall] not exceed $80 per trip.
         (b)  Fees collected under Subsection (a), less
  administrative costs, shall be used solely to provide funds for the
  maintenance and improvement of state highways subject to this
  chapter. The [payments provided for under Section 623.213 less]
  administrative costs, which may [shall] not exceed 15 percent of
  the fees collected, may be retained by the port authority. The
  [Such] fees, less administrative costs, shall be deposited in the
  State Highway Fund [6].
         Sec. 623.214 [623.215].  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 director of the port
  authority;
               (4)  a statement of the kind of cargo being transported
  under the permit [over State Highways 48 and 4 between the Gateway
  International Bridge and the entrance to the Port of Brownsville,
  or over State Highways 48 and 4 and United States Highways 77 and 83
  between Veterans International Bridge at Los Tomates and the
  entrance to the Port of Brownsville], the maximum weight and
  dimensions of the equipment, and the kind and weight of each
  commodity to be transported provided the gross weight of such
  equipment and commodities shall not exceed 125,000 pounds;
               (5)  a statement of any condition on which the permit is
  issued;
               (6)  a statement of the route designated under Section
  623.218 [that the cargo shall be transported over the most direct
  route from the Gateway International Bridge or the Veterans
  International Bridge at Los Tomates to the entrance of the Port of
  Brownsville using State Highways 48 and 4 or United States Highways
  77 and 83];
               (7)  the name of the driver of the vehicle in which the
  cargo is to be transported; and
               (8)  the location where the cargo was loaded.
         (b)  A port authority shall report to the department all
  permits issued under this subchapter.
         Sec. 623.215 [623.216].  TIME OF MOVEMENT. A permit issued
  under this subchapter shall specify the time in which movement
  authorized by the permit is allowed.
         Sec. 623.216 [623.217].  SPEED LIMIT. Movement authorized
  by a permit issued under this subchapter shall not exceed the posted
  speed limit or 55 miles per hour, whichever is less. Violation of
  this provision shall constitute a moving violation.
         Sec. 623.217 [623.218].  ENFORCEMENT. The Department of
  Public Safety shall have authority to enforce the provisions of
  this subchapter.
         Sec. 623.218  [623.219]. ROUTE DESIGNATION [EXPIRATION].
  (a)  The commission shall, with the consent of the port authority,
  designate the most direct route from the Gateway International
  Bridge or the Veterans International Bridge at Los Tomates to the
  entrance of the Port of Brownsville using State Highways 48 and 4 or
  United States Highways 77 and 83 or using United States Highway 77
  and United States Highway 83, East Loop Corridor, and State Highway
  4.
         (b)  If the commission designates a route or changes the
  route designated under this section, the commission shall notify
  the port authority of the route not later than the 60th day before
  the date that the designation takes effect [This subchapter expires
  June 1, 2009].
  ARTICLE 3. TRANSITION AND EFFECTIVE
  DATE PROVISIONS
         SECTION 3.01.  A vehicle for which a permit is issued under
  Subchapter K, Chapter 623, Transportation Code, before the date
  that a route designated by the Texas Transportation Commission
  under Section 623.219, Transportation Code, as amended by this Act,
  takes effect must use the route specified in Subdivision (6),
  Subsection (a), Section 623.215, Transportation Code, as that
  section existed immediately before the effective date of this Act,
  and that section continues in effect for that purpose.
         SECTION 3.02.  (a)  Article 1 of this Act takes effect only
  if this Act takes effect before June 1, 2009.
         (b)  Subchapter K, Chapter 623, Transportation Code, as
  reenacted and amended by Article 2 of this Act, takes effect only if
  this Act takes effect on or after June 1, 2009.
         SECTION 3.03.  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, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1373 passed the Senate on
  April 9, 2009, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 8, 2009, by the following
  vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1373 passed the House, with
  amendment, on May 5, 2009, by the following vote: Yeas 144, Nays 0,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor