SECTION 28.122. Authority's Powers and Duties

(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.

Source Note: The provisions of this §28.122 adopted to be effective April 20, 2023, 48 TexReg 1971