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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of port security, facility projects, and |
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port studies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 55.001(5), Transportation Code, is |
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amended to read as follows: |
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(5) "Port security, transportation, or facility |
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project" means a project that is necessary or convenient for the |
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proper operation of a maritime port and that will improve the |
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security, movement, and intermodal transportation of cargo or |
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passengers in commerce and trade. |
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SECTION 2. Sections 55.002(a), (b), and (c), Transportation |
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Code, are amended to read as follows: |
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(a) From money in the fund, the department shall fund: |
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(1) port security, transportation, or facility |
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projects; and |
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(2) maritime port studies. |
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(b) The commission by rule may establish matching fund |
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requirements for receiving money from the fund [department may not
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fund a port security, transportation, or facility project unless an
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amount at least equal to the amount provided by the department is
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invested in the project by a port authority or navigation
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district]. |
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(c) Port security, transportation, or facility projects |
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eligible for funding under this chapter include: |
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(1) construction or improvement of transportation |
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facilities within the jurisdiction of a maritime port; |
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(2) the dredging or deepening of channels, turning |
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basins, or harbors; |
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(3) the construction or improvement of wharves, docks, |
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structures, jetties, piers, storage facilities, cruise terminals, |
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or any facilities necessary or useful in connection with maritime |
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port transportation or economic development; |
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(4) the construction or improvement of facilities |
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necessary or useful in providing maritime port security; |
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(5) the acquisition of container cranes or other |
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mechanized equipment used in the movement of cargo or passengers in |
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international commerce; |
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(6) the acquisition of land to be used for maritime |
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port purposes; |
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(7) the acquisition, improvement, enlargement, or |
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extension of existing maritime port facilities; and |
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(8) environmental protection projects that: |
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(A) are required as a condition of a state, |
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federal, or local environmental permit or other form of approval; |
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(B) are necessary for the acquisition of spoil |
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disposal sites and improvements to existing and future spoil sites; |
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or |
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(C) result from the undertaking of eligible |
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projects. |
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SECTION 3. Section 55.005(c), Transportation Code, is |
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amended to read as follows: |
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(c) Money in the fund may be appropriated only to the |
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department to perform the department's powers and duties concerning |
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maritime port transportation and economic development under this |
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chapter and to pay the department's expenses incurred under this |
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chapter. |
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SECTION 4. Section 55.006(a), Transportation Code, is |
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amended to read as follows: |
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(a) The committee consists of seven members appointed by the |
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commission. The members shall be appointed as follows: |
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(1) one member from the Port of Houston Authority; |
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(2) three members who represent maritime ports on the |
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upper Texas coast; and |
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(3) three members who represent maritime ports on the |
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lower Texas coast. |
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SECTION 5. Section 55.007, Transportation Code, is amended |
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to read as follows: |
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Sec. 55.007. DUTIES OF COMMITTEE. (a) The committee shall: |
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(1) prepare a maritime port mission plan; |
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(2) review each project eligible to be funded under |
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this chapter and make recommendations for approval or disapproval |
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to the department; |
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(3) every two years [maintain trade data information
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that will assist ports in this state and international trade;
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[(4) annually] prepare a report on Texas maritime |
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ports, with a list of projects that have been recommended by the |
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committee, including: |
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(A) the recommended funding level for each |
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project; and |
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(B) if staged implementation of the project is |
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appropriate, the funding requirements for each stage; and |
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(4) [(5)] advise the commission and the department on |
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matters relating to port authorities. |
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(b) The committee shall update the report on Texas maritime |
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ports and shall submit the report not later than December 1 of each |
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even-numbered year to the commission for distribution to: |
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(1) the governor; |
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(2) the lieutenant governor; and |
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(3) the speaker of the house of representatives. |
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SECTION 6. Section 55.008, Transportation Code, is amended |
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to read as follows: |
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Sec. 55.008. CAPITAL PROGRAM. (a) The committee shall |
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prepare a two-year port capital program defining the goals and |
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objectives of the committee concerning the development of maritime |
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port facilities and an intermodal transportation system. The port |
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capital program must include projects or studies submitted to the |
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committee by any maritime port and recommendations for: |
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(1) the construction of transportation facilities |
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connecting any maritime port to another transportation mode; and |
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(2) the efficient, cost-effective development of |
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transportation facilities or maritime port facilities for the |
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purpose of: |
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(A) enhancing international trade; |
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(B) enhancing security; |
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(C) promoting cargo flow; |
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(D) increasing cruise passenger movements; |
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(E) increasing maritime port revenues; and |
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(F) providing economic benefits to the state. |
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(b) The committee shall update the port capital program |
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[annually] and shall submit the capital program not later than |
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December [February] 1 of each even-numbered year to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) the commission. |
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SECTION 7. This Act takes effect September 1, 2011. |