<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 28OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
SUBCHAPTER DCHAMBERS COUNTY PERMITS
RULE §28.31Responsibilities

(a) Authority to issue permits. Chambers County may issue a permit for 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, or 110 feet long, or 100,000 pounds gross weight for travel on the roads designated by Transportation Code, §623.252(b)(1).

(b) Permit fees and administrative costs. Chambers County shall collect a fee for each permit issued under this subchapter. The permit fee may not exceed $80 per trip. Chambers County may retain an amount up to 15 percent of each permit fee to cover costs of administering the program. The permit fee and administration costs shall be established by the agreement between the department and Chambers County. Chambers County shall deposit the permit fees collected, less administrative cost amounts authorized, in the State Highway Fund. The department will use those amounts for the maintenance and improvement of the roads designated by Transportation Code, §623.252(b)(1).

(c) Surety bond. The department may require Chambers County to post a surety bond in the amount of $500,000 for the purpose of reimbursing the department the amount equal to the actual maintenance costs of roads designated by Transportation Code, §623.252(b)(1) less the amount that Chambers County deposits in the State Highway Fund under subsection (b) of this section.

(d) Verification of permits. All permits issued by Chambers County shall be carried in the permitted vehicle. Chambers County shall provide access for verification of permit authenticity by law enforcement and department personnel.

(e) Training. Chambers County shall secure any training necessary for personnel to issue permits under this subchapter. The department may provide assistance with training upon request by Chambers County.

(f) Accounting. The department shall develop accounting procedures related to permits issued under this subchapter. Chambers County shall comply with those accounting procedures for the purpose of revenue collections and any payment made to the department under subsection (i) of this section.

(g) Audits. The department may conduct annual audits of all Chambers County permit activities or upon direction by the executive director. In order to insure compliance, audits will at a minimum include a review of all permits issued, financial transaction records related to permit issuance, review of vehicle scale weight tickets, and monitoring of personnel issuing permits under this subchapter.

(h) Revocation of authority to issue permits. If the department determines as a result of an audit that Chambers County is not complying with this subchapter, the executive director will issue a notice to Chambers County allowing 30 days to correct any non-compliance issue. If after 30 days it is determined that Chambers County is not in compliance, then the executive director may revoke Chambers County's authority to issue permits.

  (1) Upon notification that its authority to issue permits under this subchapter has been revoked, Chambers County may appeal the revocation to the commission in writing.

  (2) In cases where a revocation is being appealed, Chambers County's authority to issue permits under this subchapter shall remain in effect until the commission makes a final decision regarding the appeal.

  (3) Upon revocation of authority to issue permits, termination of the maintenance contract, or expiration of this subchapter, all permit fees collected by Chambers County, less allowable administrative costs, shall be paid to the department.

(i) Maintenance payments. If Chambers County does not deposit in the State Highway Fund under subsection (b) of this section sufficient amounts to reimburse the department for the payment of the costs of maintenance of the highways that are designated by Transportation Code, §623.252(b)(1), Chambers County may pay the deficiency in lieu of the department's filing against the surety bond provided under subsection (c) of this section for that amount. Maintenance includes 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.

(j) Reporting. Chambers County shall provide monthly and annual reports to the department's Finance Division regarding all permits issued and fees collected. The report must be in a format approved by the department.


Source Note: The provisions of this §28.31 adopted to be effective August 16, 2012, 37 TexReg 6093

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page