| (a) Authority authorized to issue permits. The authority
may issue a permit and collect a fee for the movement within the territory
of the authority of a vehicle or vehicle combination that exceeds
the vehicle size or weight limits specified by Transportation Code,
Chapter 621, Subchapters B and C, but does not exceed loaded dimensions
of 12 feet wide, 16 feet high, and 110 feet long, and does not exceed
125,000 pounds gross weight for travel on:
(1) the state-owned roads designated by Transportation
Code, §623.363;
(2) US 281/Military Highway from Spur 29 to FM 1015;
(3) FM 1015 from US 281/Military Highway, south to
the Progreso International Bridge;
(4) FM 2557 from US 281/Military Highway to Interstate
2;
(5) FM 3072 from Veterans Boulevard ("I" Road) to Cesar
Chavez Road;
(6) US 281 (Cage Boulevard) from Spur 600 to Anaya
Road; and
(7) U.S. Highway 83 Business from South Pleasantview
Drive to South Bridge Avenue.
(b) Surety bond. The authority shall obtain a surety
bond in the amount set by the department to cover the estimated annual
maintenance costs of roads identified in subsection (a) of this section.
The department will draw on the bond only if revenue collected from
permits issued under this subchapter is insufficient to pay for those
costs and the authority fails to reimburse the department for those
costs. The estimated maintenance costs will be based on the amortized
cost of the identified roads, projected regular maintenance and operations
costs, and the bridge consumption costs associated with the movement
of overweight and oversize vehicles issued a permit by the authority.
(c) Verification of permits. The authority shall provide
law enforcement and department personnel access to any of the authority's
property to verify compliance with this subchapter by the authority
or another person.
(d) Training. The authority shall provide or obtain
any training necessary for personnel to issue permits under this subchapter.
The department may provide assistance with training on request by
the authority.
(e) Accounting. The department shall develop accounting
procedures related to permits issued under this subchapter with which
the authority must comply for revenue collections and any payment
made to the department under subsection (i) of this section.
(f) Audits. The department may conduct audits annually
or at the direction of the executive director of all permit issuance
activities of the authority. To insure compliance with applicable
law, audits at a minimum will include a review of all permits issued,
financial transaction records related to permit issuance and vehicle
scale weight tickets, and the monitoring of personnel issuing permits
under this subchapter.
(g) Revocation of authority to issue permits. If the
department determines as a result of an audit that the authority is
not complying with this subchapter or other applicable law, the executive
director will issue a notice to the authority allowing 30 days for
the authority to correct any non-compliance issue. If the department
determines that, after that 30-day period, the authority has not corrected
the issue, the executive director may revoke the authority's authority
to issue permits under this subchapter. The authority may appeal to
the commission in writing the revocation of its authority under this
subsection. If the authority appeals the revocation, the authority's
authority to issue permits under this subchapter remains in effect
until the commission makes a final decision on the appeal.
(h) Fees. Fees under this subchapter may be collected,
deposited, and used only as provided by Transportation Code, §623.364.
The authority may determine acceptable methods of payment. All fees
transmitted to the department must be in U.S. currency. On revocation
of the authority's authority to issue permits, termination of the
maintenance contract entered into under subsection (i) of this section,
or expiration of this subchapter, the authority shall pay to the department
all permit fees collected by the authority, less allowable administrative
costs.
(i) Maintenance contract. The authority shall enter
into a contract with the department for the maintenance of roads identified
in subsection (a) of this section for which a permit may be issued
under this subchapter. The contract will cover routine maintenance,
preventive maintenance, and total reconstruction of the roadway and
bridge structures, as determined by the department to maintain the
current level of service, and may include other types of maintenance.
(j) Reporting. The authority shall provide monthly
and annual reports to the department's Finance Division regarding
all permits issued and all fees collected during the period covered
by the report. The report must be in a format approved by the department.
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| Source Note: The provisions of this §28.102 adopted to be effective January 9, 2014, 39 TexReg 116; amended to be effective January 7, 2015, 40 TexReg 103; amended to be effective December 9, 2015, 40 TexReg 8800; amended to be effective January 3, 2018, 42 TexReg 7730 |
