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AN ACT
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relating to the funding of certain port projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 55, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 55. FUNDING OF PORT DEVELOPMENT AND INFRASTRUCTURE |
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[SECURITY,] PROJECTS, PORT CONNECTIVITY PROJECTS, AND STUDIES |
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SECTION 2. Sections 55.001(4-a) and (5), Transportation |
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Code, are amended to read as follows: |
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(4-a) "Port connectivity [access improvement] |
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project" means the construction or improvement of public roadways |
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that will enhance connectivity to ports. |
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(5) "Port development and infrastructure [security, |
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transportation, or facility] project" means an infrastructure, |
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security, transportation, or facility [a] project that is necessary |
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or convenient for the proper operation of a maritime port and that |
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will improve the security, movement, and intermodal transportation |
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of cargo or passengers in commerce and trade. |
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SECTION 3. Section 55.002, Transportation Code, is amended |
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by amending Subsections (a), (c), and (e) and adding Subsection (f) |
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to read as follows: |
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(a) From money in the fund, the department shall fund: |
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(1) port development and infrastructure [security, |
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transportation, or facility] projects; and |
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(2) maritime port studies. |
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(c) Port development and infrastructure [security, |
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transportation, or facility] projects eligible for funding under |
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this chapter include: |
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(1) construction or improvement of transportation |
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facilities within the jurisdiction of a maritime port; |
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(2) the dredging or deepening of channels, turning |
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basins, or harbors; |
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(3) the construction or improvement of wharves, docks, |
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structures, jetties, piers, storage facilities, cruise terminals, |
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or [any] facilities necessary or useful, as determined by the |
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committee, in connection with maritime port transportation or |
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economic development; |
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(4) the construction or improvement of facilities |
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necessary or useful in providing maritime port security; |
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(5) the acquisition of container cranes or other |
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mechanized equipment used in the movement of cargo or passengers in |
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[international] commerce and trade; |
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(6) the acquisition of land to be used for maritime |
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port purposes; |
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(7) the acquisition, improvement, enlargement, or |
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extension of existing maritime port facilities; and |
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(8) environmental protection projects that: |
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(A) are required as a condition of a state, |
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federal, or local environmental permit or other form of approval; |
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(B) are necessary for the acquisition of spoil |
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disposal sites and improvements to existing and future spoil sites; |
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or |
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(C) result from the undertaking of eligible |
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projects. |
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(e) The commission may use money from the Texas Mobility |
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Fund to provide funding for a port connectivity [access |
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improvement] project. |
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(f) An applicant eligible for funding under this section may |
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not receive more than 20 percent of the total amount of money |
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appropriated to the department in a fiscal biennium to fund the |
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applicant's eligible projects under this section. |
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SECTION 4. Section 55.005, Transportation Code, as added by |
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Section 1, Chapter 1268 (S.B. 1282), Acts of the 77th Legislature, |
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Regular Session, 2001, is reenacted and amended to read as follows: |
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Sec. 55.005. PORT ACCESS ACCOUNT FUND. (a) The port access |
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account fund is an account in the general revenue fund. |
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(b) The following money shall be credited to the fund: |
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(1) money received from gifts, grants, and donations; |
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[and] |
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(2) interest earned on deposits and investments of the |
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fund; |
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(3) money appropriated to the fund by the legislature; |
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and |
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(4) money received from the federal government. |
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(c) Money in the fund may be appropriated only to the |
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department to perform the department's powers and duties concerning |
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maritime port transportation and economic development under this |
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chapter and to pay the department's expenses incurred under this |
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chapter, as approved by the committee. |
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(c-1) Money appropriated by the legislature under |
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Subsection (b)(3) may only be used to fund eligible port |
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development and infrastructure projects under Section 55.002. |
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(d) The financial transactions of the fund are subject to |
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audit by the state auditor. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1499 passed the Senate on |
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April 3, 2023, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 16, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1499 passed the House, with |
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amendment, on May 11, 2023, by the following vote: Yeas 131, |
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Nays 9, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |