SECTION 28.21. Responsibilities

(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.

(h) Fees. Fees collected under this subchapter shall be used solely to provide funds for the payments provided for under Transportation Code, §623.214, less administrative costs.

(1) The permit fee shall not exceed $80 per trip. The Port of Brownsville may retain up to 15 percent of such permit fees for administrative costs, and the balance of the permit fees shall be deposited in the state highway fund to be used for maintenance of State Highway 48/State Highway 4 and 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).

(2) The Port of Brownsville may issue a permit and collect a fee for a permit issued under this subchapter for any vehicle or vehicle combination exceeding vehicle size or weight as specified by Transportation Code, Chapter 621, Subchapters B and C, originating at:

(A) the Gateway International Bridge traveling only on State Highway 48/State Highway 4 to any location along that highway within the Port of Brownsville;

(B) a location within the Port of Brownsville traveling on State Highway 48/State Highway 4 to the Gateway International Bridge;

(C) the Veterans International Bridge at Los Tomates, traveling on U.S. Highway 77/U.S. Highway 83 and State Highway 48/State Highway 4 to any location along that highway within Port of Brownsville;

(D) a location within the Port of Brownsville, traveling on State Highway 48/State Highway 4 and U.S. Highway 77/U.S. Highway 83 to the Veterans International Bridge at Los Tomates;

(E) the Free Trade International Bridge to the entrance of the Port of Brownsville using Farm-to-Market 509, United States Highways 77 and 83, Farm-to-Market Road 511, State Highway 550, and East Loop (State Highway 32); or

(F) a location within the Port of Brownsville, traveling on East Loop (State Highway 32), State Highway 550, Farm-to-Market Road 511, United States Highways 77 and 83, and Farm-to-Market 509 to the Free Trade International Bridge.

(i) Maintenance Contract. The Port of Brownsville shall enter into a maintenance contract with the department for the maintenance of the portions of State Highway 4, State Highway 48, and 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) for which a permit may be issued under this subchapter.

(1) Maintenance shall include, but is not limited to, 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.

(2) The Port of Brownsville may make direct restitution to the department for actual maintenance costs in lieu of the department filing against the surety bond described in subsection (b) of this section, in the event that sufficient revenue is not collected.

(j) Reporting. Port of Brownsville 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.

Source Note: The provisions of this §28.21 adopted to be effective August 16, 2012, 37 TexReg 6093; amended to be effective April 16, 2014, 39 TexReg 2960