(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.
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