Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter I - PORT OF HARLINGEN AUTHORITY PERMITS › Section 28.112 - 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(a)(2)(B),
				  (C), (D), and (E) 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(a)(2)(B),
				  (C), (D), and (E) 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 of all permit issuance activities of the Authority. To insure
				  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 contract 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(a)(2)(B),
				  (C), (D), and (E) for which a permit may be
				  issued under this subchapter. The contract 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.