By Lucio S.B. No. 1282 77R1339 MTB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the funding of port transportation or facility 1-3 projects. 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 DEVELOPMENT 1-8 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 Department of Economic 1-13 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 port transportation or facility projects. 1-22 (b) The department may not fund a port transportation or 1-23 facility project unless an amount at least equal to the amount 1-24 provided by the department is invested in a project by a port 2-1 authority or navigation district. 2-2 (c) Port facility or transportation projects eligible for 2-3 funding under this chapter include: 2-4 (1) construction or improvement of transportation 2-5 facilities within the jurisdiction of a port; 2-6 (2) the dredging or deepening of channels, turning 2-7 basins, or harbors; 2-8 (3) the construction or improvement of wharves, docks, 2-9 structures, jetties, piers, storage facilities, cruise terminals, 2-10 or any facilities necessary or useful in connection with port 2-11 transportation or economic development; 2-12 (4) the acquisition of container cranes or other 2-13 mechanized equipment used in the movement of cargo or passengers in 2-14 international commerce; 2-15 (5) the acquisition of land to be used for port 2-16 purposes; 2-17 (6) the acquisition, improvement, enlargement, or 2-18 extension of existing port facilities; and 2-19 (7) environmental protection projects: 2-20 (A) required as a condition of a state, federal, 2-21 or local environmental permit or other form of state approval; 2-22 (B) necessary for the acquisition of spoil 2-23 disposal sites and improvements to existing and future spoil sites; 2-24 or 2-25 (C) that result from the undertaking of eligible 2-26 projects. 2-27 (d) The department shall review the list of projects 3-1 recommended by the committee to evaluate the economic benefit of 3-2 each project and to determine whether each project is consistent 3-3 with the port mission plan. The department shall approve projects 3-4 for funding based on its review. 3-5 Sec. 55.003. GIFTS AND GRANTS. The department may accept 3-6 gifts, grants, and donations from any source for the purposes of 3-7 this chapter. 3-8 Sec. 55.004. AUDIT. The department may subject a project 3-9 that receives money under this chapter to a final audit. The 3-10 department may adopt rules and perform other acts necessary or 3-11 convenient to ensure that the final audits are conducted and that 3-12 any deficiency or questioned costs noted by the audit are resolved. 3-13 Sec. 55.005. PORT ACCESS ACCOUNT FUND. (a) The port access 3-14 account fund is an account in the general revenue fund. 3-15 (b) The following money shall be credited to the fund: 3-16 (1) money appropriated by the legislature for the 3-17 implementation and administration of this chapter; 3-18 (2) interest earned on deposits and investments of the 3-19 fund; and 3-20 (3) money received from other sources for the purpose 3-21 of port transportation and economic development. 3-22 (c) Money in the fund may be appropriated only to the 3-23 department to perform the department's powers and duties concerning 3-24 port transportation and economic development under this chapter and 3-25 to pay the department's expenses incurred under this chapter. 3-26 (d) The financial transactions of the fund are subject to 3-27 audit by the state auditor. 4-1 Sec. 55.006. TEXAS PORT TRANSPORTATION AND ECONOMIC 4-2 DEVELOPMENT ADVISORY COMMITTEE. (a) The Texas Port Transportation 4-3 and Economic Development Advisory Committee consists of: 4-4 (1) a member of the governing body of each of the 4-5 ports that are members of the Texas Ports Association or their 4-6 designees; and 4-7 (2) as nonvoting members, the executive directors of 4-8 the department and of the General Land Office or their designees. 4-9 (b) The committee shall develop bylaws under which it 4-10 operates. The bylaws must specify the procedure by which the 4-11 presiding officer of the committee is elected. A majority of voting 4-12 members constitutes a quorum sufficient to conduct meetings and 4-13 business of the advisory committee. A vote of the majority of the 4-14 voting members present is sufficient for any action of the 4-15 committee, unless the bylaws of the committee require a greater 4-16 vote for a particular action. 4-17 (c) The committee shall meet at the call of its presiding 4-18 officer, at the request of a majority of its membership, or at 4-19 times prescribed in its bylaws. The committee must meet at least 4-20 semiannually. 4-21 (d) A member is not entitled to compensation for service on 4-22 the committee but is entitled to reimbursement for reasonable 4-23 expenses the member incurs in performing committee duties. 4-24 (e) Sections 2110.002 and 2110.008, Government Code, do not 4-25 apply to the committee. 4-26 Sec. 55.007. DUTIES OF COMMITTEE. The committee shall: 4-27 (1) prepare a port mission plan; 5-1 (2) review each project eligible to be funded under 5-2 this chapter and make recommendations for approval or disapproval 5-3 to the department; 5-4 (3) maintain trade data information that will assist 5-5 ports in this state and international trade; 5-6 (4) annually prepare a list of projects that have been 5-7 recommended by the committee, including: 5-8 (A) the recommended funding level for each 5-9 project; and 5-10 (B) if staged implementation of the project is 5-11 appropriate, the funding requirements for each stage; and 5-12 (5) adopt rules for evaluating projects that may be 5-13 funded under this chapter, providing criteria for the evaluation of 5-14 the economic benefit of the project, measured by the potential for 5-15 the proposed project to increase: 5-16 (A) cargo flow; 5-17 (B) cruise passenger movement; 5-18 (C) international commerce; 5-19 (D) port revenues; and 5-20 (E) the number of jobs for the port's local 5-21 community. 5-22 Sec. 55.008. MISSION PLAN. (a) The committee shall prepare 5-23 a five-year port mission plan defining the goals and objectives of 5-24 the committee concerning the development of port facilities and an 5-25 intermodal transportation system. The port mission plan must 5-26 include a plan submitted by each port that is a member of the 5-27 committee and recommendations for: 6-1 (1) the construction of transportation facilities 6-2 connecting any port to another transportation mode; and 6-3 (2) the efficient, cost-effective development of 6-4 transportation facilities or port facilities for the purpose of: 6-5 (A) enhancing international trade; 6-6 (B) promoting cargo flow; 6-7 (C) increasing cruise passenger movements; 6-8 (D) increasing port revenues; and 6-9 (E) providing economic benefits to the state. 6-10 (b) The committee shall update the port mission plan 6-11 annually and shall submit the plan not later than February 1 of 6-12 each year to: 6-13 (1) the governor; 6-14 (2) the lieutenant governor; 6-15 (3) the speaker of the house of representatives; 6-16 (4) the General Land Office; and 6-17 (5) the department. 6-18 SECTION 2. The Texas Department of Economic Development shall 6-19 convene the initial meeting of the Texas Port Transportation and 6-20 Economic Development Advisory Committee, as created by this Act, 6-21 before March 1, 2002. 6-22 SECTION 3. This Act takes effect September 1, 2001.