By Lucio S.B. No. 809
77R3753 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state support of ports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 53, Transportation Code, is amended to
1-5 read as follows:
1-6 CHAPTER 53. STATE SUPPORT OF PORTS [PORT AUTHORITY
1-7 ADVISORY COMMITTEE]
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 53.001. DEFINITIONS. In this chapter:
1-10 (1) "Advisory committee" means the port advisory
1-11 committee.
1-12 (2) "Commission" means the Texas Transportation
1-13 Commission.
1-14 (3) "Department" means the Texas Department of
1-15 Transportation.
1-16 SUBCHAPTER B. PORT ADVISORY COMMITTEE
1-17 Sec. 53.101. PORT [AUTHORITY] ADVISORY COMMITTEE. (a) The
1-18 port [authority] advisory committee shall [consists of five members
1-19 appointed by the Texas Transportation Commission to] advise the
1-20 commission and the department [Texas Department of Transportation]
1-21 on matters relating to ports [port authorities], including:
1-22 (1) intermodal and multimodal transportation issues
1-23 relating to Texas waterways and ports and port improvements; [and]
1-24 (2) the identification and development of funding
2-1 mechanisms, including the state infrastructure bank, for addressing
2-2 the issues described by Subdivision (1); and
2-3 (3) identification and prioritization of potential
2-4 projects for financing under this chapter.
2-5 (b) The advisory committee consists of [members shall be
2-6 appointed as follows]:
2-7 (1) one member appointed by the governing body of each
2-8 port authority and navigation district serving a marine port [who
2-9 represents the Port of Houston Authority of Harris County, Texas];
2-10 (2) one member appointed by the governing body of each
2-11 municipality to which Chapter 54 applies that owns and operates a
2-12 marine port [two members who represent ports other than Houston on
2-13 the upper Texas coast]; and
2-14 (3) one nonvoting member appointed by the commission
2-15 [two members who represent ports on the lower Texas coast].
2-16 (c) An advisory [A] committee member serves at the pleasure
2-17 of the entity that appointed the member [Texas Transportation
2-18 Commission].
2-19 (d) An advisory [A] committee member may not receive
2-20 compensation for serving as a member but is entitled to
2-21 reimbursement for reasonable expenses incurred in performing the
2-22 member's duties.
2-23 (e) The commission [Texas Transportation Commission] may
2-24 adopt rules to govern the operations of the committee.
2-25 (f) Section 2110.008, Government Code, does not apply to the
2-26 advisory committee.
2-27 SUBCHAPTER C. GRANTS
3-1 Sec. 53.201. GRANTS AUTHORIZED. From money appropriated for
3-2 this purpose, the department may make grants to finance
3-3 acquisition, development, improvement, enlargement, and renovation
3-4 of, and infrastructure improvements at, marine ports in the state,
3-5 including:
3-6 (1) dredging or deepening of channels, turning basins,
3-7 or harbors;
3-8 (2) construction or rehabilitation of wharves, docks,
3-9 jetties, piers, storage facilities, cruise terminals, automated
3-10 people-mover systems, or other structures or facilities necessary
3-11 or useful in connection with these activities; and
3-12 (3) acquisition of container cranes or other
3-13 mechanized equipment used in the movement of cargo or passengers in
3-14 international commerce.
3-15 Sec. 53.202. RULES RELATING TO PROCEDURES. The commission
3-16 shall adopt rules relating to the application for and making of
3-17 grants to carry out the purposes of this chapter.
3-18 Sec. 53.203. RECOMMENDATIONS OF ADVISORY COMMITTEE. (a)
3-19 Before making a grant the department shall submit the application
3-20 and any related information to the advisory committee for
3-21 consideration. The advisory committee shall review the application
3-22 and other information and submit its recommendations concerning the
3-23 application to the department.
3-24 (b) In determining whether to make a grant and the amount of
3-25 any grant the department makes, the department shall consider the
3-26 recommendations of the advisory committee.
3-27 Sec. 53.204. MATCHING REQUIREMENT. The department may not
4-1 make a grant unless the department determines that matching money
4-2 from other sources, in an amount at least equal to the amount of
4-3 the grant, has been committed to financing the project to be
4-4 financed by the grant.
4-5 SECTION 2. (a) This Act takes effect September 1, 2001.
4-6 (b) The Port Authority Advisory Committee established by
4-7 Section 53.001, Transportation Code, as it existed immediately
4-8 before the effective date of this Act, is abolished on the
4-9 effective date of this Act.
4-10 (c) An entity eligible to appoint a member of the Port
4-11 Advisory Committee under Section 53.101, Transportation Code, as
4-12 added by this Act, shall appoint a member before January 1, 2002.
4-13 The Texas Department of Transportation shall call an initial
4-14 organizational meeting of the advisory committee to occur before
4-15 February 1, 2002.