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.