| (a) Authority authorized to issue permits. The Authority
may issue a permit and collect a fee for the movement on roads designated
by Transportation Code, §623.219(a)(2)(B), (C), (D), and (E)
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.
(b) Surety bond. The department may require the Authority
to post a surety bond in the amount of $500,000 for the reimbursement
of the department for actual maintenance costs of roads designated
by Transportation Code, §623.219(a)(2)(B), (C), (D), and (E)
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 Authority must comply with the
department's accounting procedures for revenue collections and payments
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, §623.214.
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 agreement. The Authority shall enter
into an agreement with the department for the maintenance of roads
designated by Transportation Code, §623.219(a)(2)(B), (C), (D),
and (E) 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 Financial Management 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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