Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter C - PORT OF BROWNSVILLE PERMITS › Section 28.21 - Responsibilities

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