Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter J - PORT OF PALACIOS PERMITS › Section 28.122 - Authority's Powers and Duties

Current through Reg. 49, No. 28; July 12, 2024
(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.