| (a) Authority to issue permits. The district may issue
a permit and collect a fee for the movement within the district on
the roads designated by Transportation Code, §623.232 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 140,000 pounds gross weight.
(b) Surety bond. The department may require the district
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, §623.232 if revenue collected from permits
issued under this subchapter is insufficient to pay for those costs
and the district fails to reimburse the department for those costs.
(c) Verification of permits. The district shall provide
law enforcement and department personnel access to any of the district's
property to verify compliance with this subchapter by the district
or another person.
(d) Training. The district 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 district.
(e) Accounting. The department shall develop accounting
procedures related to permits issued under this subchapter with which
the district 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 on direction by the executive director of all permit issuance activities
of the district. 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 district is
not complying with this subchapter or other applicable law, the executive
director will issue a notice to the district allowing 30 days for
the district to correct any non-compliance issue. If the department
determines that, after that 30-day period, the district has not corrected
the issue, the executive director may revoke the district's authority
to issue permits under this subchapter. The district may appeal to
the commission in writing the revocation of its authority under this
subsection. If the district appeals the revocation, the district'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, §623.234.
The district may determine acceptable methods of payment. All fees
transmitted to the department must be in U.S. currency. On revocation
of the district's authority to issue permits, termination of the maintenance
contract entered into under subsection (i) of this section, or expiration
of this subchapter, the district shall pay to the department all permit
fees collected by the district, less allowable administrative costs.
(i) Maintenance contract. The district shall enter
into a contract with the department for the maintenance of roads designated
by Transportation Code, §623.232 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 district 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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