By: Shapleigh S.B. No. 786
(In the Senate - Filed February 28, 2003; March 5, 2003,
read first time and referred to Committee on International
Relations and Trade; April 8, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6, Nays
0; April 8, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 786 By: Shapleigh
A BILL TO BE ENTITLED
AN ACT
relating to establishing task forces in certain border communities
to study impediments to trade in the border region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Border region" means the area composed of the
counties of Brewster, Cameron, Culberson, Dimmit, El Paso, Hidalgo,
Hudspeth, Jeff Davis, Kinney, La Salle, Maverick, Presidio, Starr,
Terrell, Val Verde, Webb, Willacy, Zapata, and Zavala.
(2) "Task force" means a border community trade task
force established under this Act.
SECTION 2. BORDER COMMUNITY TRADE TASK FORCE. The
lieutenant governor and speaker of the house of representatives
shall establish a border community trade task force for each of the
four municipalities with the largest populations in the border
region to identify procedural and infrastructure impediments to the
free flow of trade between the United States and Mexico along the
border region and make findings and recommendations as considered
appropriate regarding those trade impediments.
SECTION 3. MEMBERSHIP; OFFICERS. (a) As soon as
practicable after the effective date of this Act, the speaker of the
house of representatives and lieutenant governor jointly shall
appoint the following members to serve on each task force:
(1) one or more persons representing the United States
Department of Homeland Security;
(2) one person representing the governmental agency of
Mexico that performs the functions of a transportation department;
(3) one person representing the Texas Department of
Transportation;
(4) one person representing the Department of Public
Safety of the State of Texas;
(5) one person representing the interests of local
customs brokers;
(6) one person representing the interests of local
freight forwarders;
(7) one person representing the interests of motor
carriers;
(8) one person representing the interests of drayage
carriers;
(9) one person representing the local maquiladora
industry;
(10) one person representing the interests of plant or
crop agriculture; and
(11) one person representing the interests of animal
agriculture.
(b) The speaker of the house of representatives and
lieutenant governor shall jointly select the presiding officer of
each task force from among the task force members. A task force may
designate other officers as the task force considers appropriate.
SECTION 4. ASSISTANCE; EXPENSES. (a) Each task force may
request assistance and information, other than confidential
information relating to an individual, from the Department of
Public Safety of the State of Texas and the Texas Department of
Transportation. The departments shall provide the assistance and
information requested to the extent practicable.
(b) The Texas Department of Transportation is responsible
for the expenses of its representative's service on each task
force.
(c) The Department of Public Safety of the State of Texas is
responsible for the expenses of its representative's service on
each task force.
SECTION 5. TASK FORCE DUTIES. (a) Each task force shall
study and evaluate the procedures and practices maintained at the
port of entry between Texas and Mexico nearest to the municipality
represented by the task force to determine what modifications could
be made to expedite the flow of trade from Mexico, including:
(1) identifying the cause of traffic congestion at the
border crossing from Mexico;
(2) reviewing customs broker practices, including the
batch release process;
(3) reviewing the drayage business and drayage
concerns;
(4) reviewing United States Department of Homeland
Security animal and plant health inspection practices;
(5) reviewing and considering the standardization of
the hours of operation for financial institutions, customs brokers,
United States Customs Service offices, United States Department of
Homeland Security offices, and maquiladoras along the Texas-Mexico
border;
(6) determining the feasibility of establishing a
program authorizing the Department of Public Safety of the State of
Texas officers or inspectors certified by the department to conduct
commercial vehicle and driver safety inspections in Mexico;
(7) reviewing United States Customs Service practices
to determine what procedures and processes need to be changed to
permit a precleared Mexican commercial vehicle to bypass the
primary customs inspection point;
(8) determining the feasibility of interagency
agreements that would allow a state agency to administer the laws of
this state relating to the registration of motor carriers and the
inspection of commercial motor vehicles for another state agency;
and
(9) identifying the federal and state infrastructure
and manpower resources necessary to expedite the free flow of trade
across the border crossing from Mexico.
(b) Each task force shall also study the primary and
secondary inspection processes relating to motor carrier safety
regulations and commercial driver's licensure requirements
administered by the Department of Public Safety of the State of
Texas to determine which of those processes, regulations, and
requirements may be automated to expedite the free flow of trade
across the border crossing from Mexico.
(c) Each task force shall focus on analyzing current
situations and developing solutions in anticipation of the removal
of geographical access barriers on Mexican commercial trucks.
SECTION 6. REPORTS. Not later than December 31, 2004, each
task force shall file a report of the task force's activities,
findings, and recommendations with the lieutenant governor and the
speaker of the house of representatives. Each report shall include
any recommendations for legislative or administrative action the
task force considers appropriate.
SECTION 7. EXPIRATION. The task forces are abolished and
this Act expires September 1, 2005.
SECTION 8. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
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