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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of a board of trustees of harbor and port |
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facilities of certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Transportation Code, is amended by |
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adding a SUBCHAPTER E., to read as follows: |
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SUBCHAPTER E. CONCESSION TRANSACTIONS |
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Sec. 54.201. DEFINITIONS. In this subchapter: |
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(1) "Concession agreement" means a written agreement |
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between a municipality or board and a private entity providing for |
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long term operation, management, and control of a port improvement |
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or facility by the private entity. |
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Sec. 54.202. TRANSACTION AUTHORIZED; LIMITATION ON TERM. |
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(a) Notwithstanding any law or charter provision to the contrary, a |
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municipality or board may enter into a concession agreement |
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containing any provision the municipality or board determines |
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advantageous, including a provision permitting the private entity |
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to: |
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(1) fix and levy dockage or wharfage; |
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(2) establish and enforce rules and regulations in the |
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operation of the port improvement or facility; or |
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(3) maintain and publish rates and charges relating to |
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the operation of the port improvement or facility. |
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(b) The approval of a concession agreement by a municipality |
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or board is a public and governmental function, is exercised for a |
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public purpose, and is a matter of public necessity. |
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(c) A concession agreement entered into by a board may be |
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for a term longer than 75 years only if the governing body of the |
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municipality by ordinance approves the longer term. |
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SECTION 2. This act takes effect September 1, 2011. |