By: Lucio, et al. S.B. No. 1282
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the funding of port transportation or facility projects
1-3 or port studies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 4, Transportation Code, is
1-6 amended by adding Chapter 55 to read as follows:
1-7 CHAPTER 55. TEXAS PORT TRANSPORTATION AND ECONOMIC
1-8 DEVELOPMENT FUNDING
1-9 Sec. 55.001. DEFINITIONS. In this chapter:
1-10 (1) "Committee" means the Texas Port Transportation
1-11 and Economic Development Advisory Committee.
1-12 (2) "Department" means the Texas Department of
1-13 Economic Development.
1-14 (3) "Fund" means the port access account fund.
1-15 (4) "Port transportation or facility project" means a
1-16 project necessary or convenient for the proper operation of a port
1-17 that will improve the movement and intermodal transportation of
1-18 cargo or passengers in commerce and trade.
1-19 Sec. 55.002. TEXAS PORT TRANSPORTATION AND ECONOMIC
1-20 DEVELOPMENT FUNDING. (a) From money in the fund, the department
1-21 shall fund:
1-22 (1) port transportation or facility projects; or
1-23 (2) port studies.
1-24 (b) The department may not fund a port transportation or
1-25 facility project unless an amount at least equal to the amount
2-1 provided by the department is invested in a project by a port
2-2 authority or navigation district.
2-3 (c) Port transportation or facility projects eligible for
2-4 funding under this chapter include:
2-5 (1) construction or improvement of transportation
2-6 facilities within the jurisdiction of a port;
2-7 (2) the dredging or deepening of channels, turning
2-8 basins, or harbors;
2-9 (3) the construction or improvement of wharves, docks,
2-10 structures, jetties, piers, storage facilities, cruise terminals,
2-11 or any facilities necessary or useful in connection with port
2-12 transportation or economic development;
2-13 (4) the acquisition of container cranes or other
2-14 mechanized equipment used in the movement of cargo or passengers in
2-15 international commerce;
2-16 (5) the acquisition of land to be used for port
2-17 purposes;
2-18 (6) the acquisition, improvement, enlargement, or
2-19 extension of existing port facilities; and
2-20 (7) environmental protection projects:
2-21 (A) required as a condition of a state, federal,
2-22 or local environmental permit or other form of state approval;
2-23 (B) necessary for the acquisition of spoil
2-24 disposal sites and improvements to existing and future spoil sites;
2-25 or
2-26 (C) that result from the undertaking of eligible
3-1 projects.
3-2 (d) The department, in consultation with the committee,
3-3 shall review the list of projects recommended by the committee to
3-4 evaluate the economic benefit of each project. The department, in
3-5 consultation with the committee, shall approve projects or studies
3-6 for funding based on its review.
3-7 Sec. 55.003. GIFTS AND GRANTS. The department may accept
3-8 gifts, grants, and donations from any source for the purposes of
3-9 this chapter.
3-10 Sec. 55.004. AUDIT. The department may subject a project
3-11 that receives money under this chapter to a final audit. The
3-12 department may adopt rules and perform other acts necessary or
3-13 convenient to ensure that the final audits are conducted and that
3-14 any deficiency or questioned costs noted by the audit are resolved.
3-15 Sec. 55.005. PORT ACCESS ACCOUNT FUND. (a) The port access
3-16 account fund is an account in the general revenue fund.
3-17 (b) The following money shall be credited to the fund:
3-18 (1) money appropriated by the legislature for the
3-19 implementation and administration of this chapter;
3-20 (2) interest earned on deposits and investments of the
3-21 fund; and
3-22 (3) money received from other sources for the purpose
3-23 of port transportation and economic development.
3-24 (c) Money in the fund may be appropriated only to the
3-25 department to perform the department's powers and duties concerning
3-26 port transportation and economic development under this chapter and
4-1 to pay the department's expenses incurred under this chapter.
4-2 (d) The financial transactions of the fund are subject to
4-3 audit by the state auditor.
4-4 Sec. 55.006. TEXAS PORT TRANSPORTATION AND ECONOMIC
4-5 DEVELOPMENT ADVISORY COMMITTEE. (a) The Texas Port Transportation
4-6 and Economic Development Advisory Committee consists of:
4-7 (1) a member of the governing body of each of the
4-8 ports that are members of the Texas Ports Association or their
4-9 designees; and
4-10 (2) as a nonvoting member, the executive director or
4-11 the designee of the department.
4-12 (b) The committee shall develop bylaws under which it
4-13 operates. The bylaws must specify the procedure by which the
4-14 presiding officer of the committee is elected. A majority of
4-15 voting members constitutes a quorum sufficient to conduct meetings
4-16 and business of the committee. A vote of the majority of the
4-17 voting members present is sufficient for any action of the
4-18 committee, unless the bylaws of the committee require a greater
4-19 vote for a particular action.
4-20 (c) The committee shall meet at the call of its presiding
4-21 officer, at the request of a majority of its membership, or at
4-22 times prescribed in its bylaws. The committee must meet at least
4-23 semiannually.
4-24 (d) A member is not entitled to compensation for service on
4-25 the committee but is entitled to reimbursement for reasonable
4-26 expenses the member incurs in performing committee duties.
5-1 (e) Sections 2110.002 and 2110.008, Government Code, do not
5-2 apply to the committee.
5-3 Sec. 55.007. DUTIES OF COMMITTEE. The committee shall:
5-4 (1) prepare a port mission plan;
5-5 (2) review each project eligible to be funded under
5-6 this chapter and make recommendations for approval or disapproval
5-7 to the department;
5-8 (3) maintain trade data information that will assist
5-9 ports in this state and international trade;
5-10 (4) annually prepare a list of projects that have been
5-11 recommended by the committee, including:
5-12 (A) the recommended funding level for each
5-13 project; and
5-14 (B) if staged implementation of the project is
5-15 appropriate, the funding requirements for each stage; and
5-16 (5) adopt rules for evaluating projects that may be
5-17 funded under this chapter, providing criteria for the evaluation of
5-18 the economic benefit of the project, measured by the potential for
5-19 the proposed project to increase:
5-20 (A) cargo flow;
5-21 (B) cruise passenger movement;
5-22 (C) international commerce;
5-23 (D) port revenues; and
5-24 (E) the number of jobs for the port's local
5-25 community.
5-26 Sec. 55.008. CAPITAL PROGRAM. (a) The committee shall
6-1 prepare a two-year port capital program defining the goals and
6-2 objectives of the committee concerning the development of port
6-3 facilities and an intermodal transportation system. The port
6-4 capital program must include projects or studies submitted by each
6-5 port that is a member of the committee and recommendations for:
6-6 (1) the construction of transportation facilities
6-7 connecting any port to another transportation mode; and
6-8 (2) the efficient, cost-effective development of
6-9 transportation facilities or port facilities for the purpose of:
6-10 (A) enhancing international trade;
6-11 (B) promoting cargo flow;
6-12 (C) increasing cruise passenger movements;
6-13 (D) increasing port revenues; and
6-14 (E) providing economic benefits to the state.
6-15 (b) The committee shall update the port capital program
6-16 annually and shall submit the capital program not later than
6-17 February 1 of each year to:
6-18 (1) the governor;
6-19 (2) the lieutenant governor;
6-20 (3) the speaker of the house of representatives; and
6-21 (4) the department.
6-22 SECTION 2. The Texas Department of Economic Development
6-23 shall convene the initial meeting of the Texas Port Transportation
6-24 and Economic Development Advisory Committee, as created by this
6-25 Act, before January 1, 2002.
6-26 SECTION 3. This Act takes effect September 1, 2001.