Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter D - CHAMBERS COUNTY PERMITS › Section 28.31 - Responsibilities

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