(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(b-1), 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(b-1) 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, conduct audits of
all permit issuance activities of the Authority. To ensure 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 agreement 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(b-1), for which a
permit may be issued under this subchapter. The agreement 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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