| (a) Authority to issue permits. The Port of Brownsville
may issue a permit for travel on the roads designated by Transportation
Code, §623.219(a) by 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 125,000 pounds
gross weight.
(b) Surety bond. The department may require the Port
of Brownsville to post a surety bond in the amount of $500,000 for
the purpose of reimbursing the department for actual maintenance costs
of State Highway 48/State Highway 4, U.S. Highway 77/U.S. Highway
83, Farm-to-Market Road 509, Farm-to-Market Road 511, State Highway
550, and East Loop (State Highway 32) in the event that sufficient
revenue is not collected from permits issued under this subchapter.
(c) Verification of permits. All permits issued by
the Port of Brownsville shall be carried in the permitted vehicle.
The Port of Brownsville shall provide access for verification of permit
authenticity by law enforcement and department personnel.
(d) Training. The Port of Brownsville shall secure
any training necessary for personnel to issue permits under this subchapter.
The department may provide assistance with training upon request by
the Port of Brownsville.
(e) Accounting. The department shall develop accounting
procedures related to permits issued under this subchapter which the
Port of Brownsville must comply with for the purpose of revenue collections
and any payment made to the department under subsection (i) of this
section.
(f) Audits. The department may conduct audits annually
or upon direction by the executive director of all Port of Brownsville
permit issuance activities. 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.
(g) Revocation of authority to issue permits. If the
department determines as a result of an audit that the Port of Brownsville
is not complying with this subchapter, the executive director will
issue a notice to the Port of Brownsville allowing 30 days to correct
any non-compliance issue. If after 30 days it is determined that the
Port of Brownsville is not in compliance, then the executive director
may revoke the Port of Brownsville's authority to issue permits.
(1) Upon notification that its authority to issue permits
under this subchapter has been revoked, the Port of Brownsville may
appeal the revocation to the commission in writing.
(2) In cases where a revocation is being appealed,
the Port of Brownsville'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 the port, less allowable administrative
costs, shall be paid to the department.
(h) Fees. Fees collected under this subchapter shall
be used solely to provide funds for the payments provided for under
Transportation Code, §623.214, less administrative costs.
(1) The permit fee shall not exceed $80 per trip. The
Port of Brownsville may retain up to 15 percent of such permit fees
for administrative costs, and the balance of the permit fees shall
be deposited in the state highway fund to be used for maintenance
of State Highway 48/State Highway 4 and U.S. Highway 77/U.S. Highway
83, Farm-to-Market Road 509, Farm-to-Market Road 511, State Highway
550, and East Loop (State Highway 32).
(2) The Port of Brownsville may issue a permit and
collect a fee for a permit issued under this subchapter for any vehicle
or vehicle combination exceeding vehicle size or weight as specified
by Transportation Code, Chapter 621, Subchapters B and C, originating
at:
(A) the Gateway International Bridge traveling only
on State Highway 48/State Highway 4 to any location along that highway
within the Port of Brownsville;
(B) a location within the Port of Brownsville traveling
on State Highway 48/State Highway 4 to the Gateway International Bridge;
(C) the Veterans International Bridge at Los Tomates,
traveling on U.S. Highway 77/U.S. Highway 83 and State Highway 48/State
Highway 4 to any location along that highway within Port of Brownsville;
(D) a location within the Port of Brownsville, traveling
on State Highway 48/State Highway 4 and U.S. Highway 77/U.S. Highway
83 to the Veterans International Bridge at Los Tomates;
(E) the Free Trade International Bridge to the entrance
of the Port of Brownsville using Farm-to-Market 509, United States
Highways 77 and 83, Farm-to-Market Road 511, State Highway 550, and
East Loop (State Highway 32); or
(F) a location within the Port of Brownsville, traveling
on East Loop (State Highway 32), State Highway 550, Farm-to-Market
Road 511, United States Highways 77 and 83, and Farm-to-Market 509
to the Free Trade International Bridge.
(i) Maintenance Contract. The Port of Brownsville shall
enter into a maintenance contract with the department for the maintenance
of the portions of State Highway 4, State Highway 48, and U.S. Highway
77/U.S. Highway 83, Farm-to-Market Road 509, Farm-to-Market Road 511,
State Highway 550, and East Loop (State Highway 32) for which a permit
may be issued under this subchapter.
(1) Maintenance shall include, but is not limited to,
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.
(2) The Port of Brownsville may make direct restitution
to the department for actual maintenance costs in lieu of the department
filing against the surety bond described in subsection (b) of this
section, in the event that sufficient revenue is not collected.
(j) Reporting. Port of Brownsville 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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