86R26621 SLB-F
 
  By: Canales, Cain H.B. No. 4445
 
  Substitute the following for H.B. No. 4445:
 
  By:  Martinez C.S.H.B. No. 4445
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the safe and efficient provision of pilot services by
  the board of pilot commissioners for Harris County ports.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5007.209(b), Special District Local Laws
  Code, is amended to read as follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the legislation that created the authority;
               (2)  the programs, functions, policies, rules, and
  budget of the authority;
               (3)  the results of the most recent formal audit of the
  authority;
               (4)  [the duties of the port commission as the board of
  pilot commissioners for Harris County ports under Chapter 66,
  Transportation Code;
               [(5)]  the requirements of laws relating to open
  meetings, public information, administrative procedure, financial
  disclosure, and conflicts of interest; and
               (5) [(6)]  any applicable ethics policies adopted by
  the port commission or the Texas Ethics Commission.
         SECTION 2.  Section 66.017, Transportation Code, is amended
  to read as follows:
         Sec. 66.017.  DUTIES. The board shall:
               (1)  establish the number of pilots necessary to
  provide adequate pilot services for each Harris County port;
               (2)  accept applications for pilot licenses and
  certificates and determine whether each applicant meets the
  qualifications for a pilot;
               (3)  submit to the governor lists of applicants the
  board finds to be qualified for appointment as pilots;
               (4)  establish pilotage rates;
               (5)  approve the locations for pilot stations;
               (6)  establish times during which pilot services will
  be available;
               (7)  hear and determine complaints relating to the
  conduct of pilots;
               (8)  recommend to the governor each pilot whose license
  or certificate should not be renewed or should be revoked;
               (9)  adopt rules and issue orders to pilots or vessels
  when necessary to secure efficient pilot services, including
  minimizing the interference of two-way routes;
               (10)  institute investigations or hearings or both to
  consider casualties, accidents, or other actions that violate this
  chapter; and
               (11)  provide penalties to be imposed on a person who is
  not a pilot for a Harris County port who pilots a vessel into or out
  of the port if a pilot offered those services to the vessel.
         SECTION 3.  Subchapter B, Chapter 66, Transportation Code,
  is amended by adding Section 66.0171 to read as follows:
         Sec. 66.0171.  ONE-WAY TRAFFIC.  (a)  In this section:
               (1)  "One-way traffic" means a limitation on an area
  imposed by the board where the meeting, turnaround, and overtaking
  of ships are prohibited.
               (2)  "Port authority" means the Port of Houston
  Authority of Harris County, Texas.
         (b)  The board may not impose one-way traffic for more than
  one vessel per week.
         (c)  A vessel for which one-way traffic is imposed:
               (1)  may not call and depart from a port authority
  terminal on the same day; and
               (2)  must be capable of turning around within the
  turning basin serving the applicable port authority terminal.
         (d)  The executive director of the port authority is
  authorized to take any action necessary, including the execution
  and delivery of documents, to carry out this section.
         (e)  The limitation in Subsection (b) does not apply to
  one-way traffic governed by an authorization issued by the United
  States Coast Guard for a dredging vessel or vessel operated by
  military forces personnel.
         (f)  This section expires August 31, 2021.
         SECTION 4.  Subchapter B, Chapter 66, Transportation Code,
  is amended by adding Section 66.0172 to read as follows:
         Sec. 66.0172.  EFFICIENT PILOT SERVICE; MAXIMUM VESSEL
  LENGTH.  (a) In this section:
               (1)  "Two-way route" means a directional route within
  defined limits inside which two-way traffic is established, and
  which is intended to improve safety in waters where navigation is
  difficult.
               (2)  "Two-way traffic" means that traffic flow by all
  vessels is permitted in opposing directions.
         (b)  Except as provided by Subsection (c), in order to ensure
  safe and efficient pilot services, the maximum overall length of a
  vessel, including the bulbous bow, that may be piloted within the
  board's jurisdiction is 1,100 feet.
         (c)  The board may adopt rules authorizing the piloting of
  vessels with a maximum overall length that exceeds the length
  provided for in Subsection (b) if the board determines, upon
  recommendation from not less than 80 percent of the pilots
  authorized to operate under the board's jurisdiction, that two-way
  routes may safely and efficiently be maintained and that two-way
  traffic may safely and efficiently be conducted.
         (d)  Any rules adopted under Subsection (c) must establish
  the maximum overall vessel length that may be piloted in a manner
  that maintains safe and efficient two-way routes and safe and
  efficient two-way traffic as recommended by not less than 80
  percent of the pilots authorized to operate under the board's
  jurisdiction.
         (e)  Before adopting any rules under Subsection (c), the
  board must conduct at least two public hearings.
         SECTION 5.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2019.
         (b)  Sections 1, 2, and 4 of this Act take effect September 1,
  2021.