Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - PORT FREEPORT NAVIGATION DISTRICT PERMITS › Section 28.62 - District's Powers and Duties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  District authorized to issue permits. The district may issue a permit and
				  collect a fee for the movement within the territory of the district on the
				  roads designated by Transportation Code, §
										623.219(b)
				  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 district 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)
				  if revenue collected from permits issued under this subchapter is insufficient
				  to pay for those costs and the district fails to reimburse the department for
				  those costs.
(c) Verification of
				  permits. The district shall provide law enforcement and department personnel
				  access to any of the district's property to verify compliance with this
				  subchapter by the district or another person.
(d) Training. The district 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 district.
(e) Accounting. The
				  department shall develop accounting procedures related to permits issued under
				  this subchapter with which the district must comply for revenue collections and
				  any payment 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 district. 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 district is not complying with this subchapter or other
				  applicable law, the executive director will issue a notice to the district
				  allowing 30 days for the district to correct any non-compliance issue. If the
				  department determines that, after that 30-day period, the district has not
				  corrected the issue, the executive director may revoke the district's authority
				  to issue permits under this subchapter. The district may appeal to the
				  commission in writing the revocation of its authority under this subsection. If
				  the district appeals the revocation, the district'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 district
				  may determine acceptable methods of payment. All fees transmitted to the
				  department must be in U.S. currency. On revocation of the district's authority
				  to issue permits, termination of the maintenance contract entered into under
				  subsection (i) of this section, or expiration of this subchapter, the district
				  shall pay to the department all permit fees collected by the district, less
				  allowable administrative costs.
(i)
				  Maintenance contract. The district shall enter into a contract with the
				  department for the maintenance of roads designated by Transportation Code,
				  §
										623.219(b)
				  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 district 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.