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A BILL TO BE ENTITLED
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AN ACT
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relating to the board of pilot commissioners for Harris County |
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ports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5007.209(b), Special District Local Laws |
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Code, is amended to read as follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the legislation that created the authority; |
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(2) the programs, functions, policies, rules, and |
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budget of the authority; |
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(3) the results of the most recent formal audit of the |
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authority; |
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(4) [the duties of the port commission as the board of
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pilot commissioners for Harris County ports under Chapter 66,
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Transportation Code;
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[(5)] the requirements of laws relating to open |
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meetings, public information, administrative procedure, financial |
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disclosure, and conflicts of interest; and |
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(5) [(6)] any applicable ethics policies adopted by |
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the port commission or the Texas Ethics Commission. |
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SECTION 2. Section 66.002, Transportation Code, is amended |
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by amending Subdivisions (2) and (6) and adding Subdivision (5-a) |
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to read as follows: |
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(2) "Consignee" means a person, including a master, |
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owner, agent, subagent, firm, or corporation or any combination of |
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those persons, who: |
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(A) has control of a vessel that is under way or |
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is otherwise moving in, out, or within a port, including in a |
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waterway leading from the port to the Gulf of Mexico; or |
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(B) places an order for pilot services for the |
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movement of a vessel described by Paragraph (A) [who enters or
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clears a vessel at the office of the collector of customs]. |
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(5-a) "Pilot commissioner" means a member of the |
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board. |
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(6) "Pilot services" means acts of a pilot in |
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conducting a vessel through the navigable water in this state and |
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the ports in which the pilot is licensed or certified as a pilot, |
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and includes the adoption and implementation of ship movement |
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strategies, such as navigation safety guidelines, for use by pilots |
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in the navigable water in this state. |
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SECTION 3. Section 66.011, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.011. BOARD. The board of pilot commissioners for |
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the ports of Harris County is composed of nine pilot commissioners |
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appointed as follows: |
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(1) two pilot commissioners appointed by a majority of |
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the city council of the City of Houston; |
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(2) two pilot commissioners appointed by a majority of |
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the Harris County Commissioners Court; |
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(3) one pilot commissioner appointed by the city |
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council of the City of Pasadena, who must reside in the city of |
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Pasadena; |
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(4) one pilot commissioner appointed by a majority of |
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the Harris County Mayors' and Councils' Association, who must be a |
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resident of a municipality in Harris County that is located |
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adjacent to the Houston Ship Channel and has a population of less |
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than 100,000; |
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(5) two pilot commissioners appointed by the governor; |
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and |
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(6) the chair of the board, appointed as described by |
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Section 66.0116 [the port commissioners of the Port of Houston
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Authority of Harris County, Texas]. |
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SECTION 4. Subchapter B, Chapter 66, Transportation Code, |
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is amended by adding Sections 66.0115 and 66.0116 to read as |
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follows: |
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Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as |
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otherwise provided by Sections 66.011 and 66.0116, each pilot |
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commissioner must be a property tax payer and a qualified voter in |
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Harris County. |
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(b) A person is not eligible for appointment to the board if |
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the person: |
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(1) has previously served the equivalent of at least |
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12 full years on the board; or |
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(2) is currently serving or has previously served as a |
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port commissioner for the Port of Houston Authority of Harris |
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County, Texas. |
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(c) Not later than the 45th day after the date on which a |
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term expires or on which a vacancy on the board begins, the |
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appointing entity must appoint a new pilot commissioner. If the |
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appointing entity fails to make the appointment before the 45th |
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day, the office is considered an open position and the person |
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serving in that position is ineligible for reappointment to fill |
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the position, and: |
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(1) if the appointing entity is the city council of the |
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City of Houston, the city council of the City of Pasadena, or the |
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Harris County Mayors' and Councils' Association, the Harris County |
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Commissioners Court shall appoint a pilot commissioner to fill the |
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position; or |
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(2) if the appointing entity is the Harris County |
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Commissioners Court, the city council of the City of Houston shall |
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appoint a pilot commissioner to fill the position. |
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(d) If a second appointing entity under Subsection (c)(1) or |
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(2) fails to make an appointment before the 90th day after the date |
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on which the term expires or the vacancy begins: |
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(1) the office is considered an open position and the |
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person serving in that position is ineligible for reappointment to |
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fill the position; and |
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(2) the governor shall appoint a pilot commissioner to |
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fill the position with the advice and consent of the senate. |
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(e) If a vacancy occurs through death, resignation, or other |
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reason, the vacancy shall be filled in the manner provided for |
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making the original appointment and in accordance with Subsections |
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(c) and (d). |
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(f) The governor may appoint a pilot commissioner under |
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Subsection (d) only if the appointing entity under Subsection (c) |
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fails to make an appointment within the period described by this |
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section, and any subsequent appointment must be made by the |
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appropriate appointing entity. |
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Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of |
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Houston mayor and city council and the Harris County Commissioners |
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Court shall jointly appoint the chair of the board in January of |
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odd-numbered years. The term of the chair expires on February 1 of |
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each odd-numbered year. |
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(b) If the mayor, city council, and commissioners court do |
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not make an appointment within the period specified by this |
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section, the governor shall appoint the chair of the board with the |
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advice and consent of the senate. The governor may appoint the |
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chair only if the original appointing entities fail to make an |
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appointment within the period described by this section, and any |
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subsequent appointment must be made by the appointing entities. |
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(c) The person appointed as the chair of the board must |
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comply with the qualifications described by Section 61.160, Water |
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Code. |
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(d) On the second Monday of January in each odd-numbered |
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year, the City of Houston mayor and city council, the Harris County |
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Commissioners Court, and the Harris County judge shall hold a joint |
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meeting to appoint the chair of the board. |
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(e) In the meeting held under Subsection (d): |
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(1) each city council member and the mayor shall have |
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one vote; and |
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(2) each county commissioner and the county judge |
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shall have the mixed-fraction number of votes equal to the sum of |
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the number of city council members plus the mayor divided by the sum |
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of the number of county commissioners plus the county judge. |
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(f) The presence of individuals with a majority of the total |
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potential votes is required to establish a quorum at the meeting. A |
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separate quorum from each group, representing the city and the |
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county, is not required. The chair must be appointed by at least a |
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majority of the total potential votes, in any combination. |
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(g) In the event of a tie, the city council, mayor, county |
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commissioners, and county judge have three calendar days to |
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deliberate, convene a meeting, and revote. The period may be |
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extended to allow for compliance with Chapter 551, Government Code, |
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as it applies to the notice requirement for an open meeting. If a |
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second vote results in a tie: |
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(1) the office of the chair of the board is considered |
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an open position and the person serving as the chair is not eligible |
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for reappointment to fill the position; and |
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(2) the governor shall appoint the chair as provided |
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by Subsection (b). |
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SECTION 5. Section 66.014, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.014. TERM OF OFFICE. Pilot commissioners other |
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than the chair serve staggered terms of two years that expire on |
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February 1. [A board member serves a term of office that coincides
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with the member's term as a port commissioner.] |
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SECTION 6. Section 66.015, Transportation Code, is amended |
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to read as follows: |
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Sec. 66.015. JURISDICTION. The board has exclusive |
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jurisdiction over the regulation of pilots who provide pilot |
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services [piloting of vessels] in Harris County ports, including |
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intermediate stops and landing places for vessels on navigable |
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streams wholly or partially located in the board's jurisdiction. |
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SECTION 7. Section 66.016, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Rules under this chapter involving the adoption and |
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implementation of ship movement strategies, including navigation |
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safety guidelines, for use by pilots in the navigable water in this |
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state may be made only on a recommendation from not less than 80 |
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percent of the pilots authorized to operate under the board's |
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jurisdiction. |
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SECTION 8. Of the two pilot commissioners of the board of |
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pilot commissioners for the ports of Harris County appointed under |
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Sections 66.011(1), (2), and (5), Transportation Code, as amended |
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by this Act, one pilot commissioner appointed under each |
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subdivision serves a term expiring in an even-numbered year and one |
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serves a term expiring in an odd-numbered year. The pilot |
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commissioner of the board of pilot commissioners for the ports of |
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Harris County appointed under Section 66.011(3), Transportation |
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Code, as amended by this Act, serves a term expiring in an |
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odd-numbered year. The pilot commissioner of the board of pilot |
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commissioners for the ports of Harris County appointed under |
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Section 66.011(4), Transportation Code, as amended by this Act, |
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serves a term expiring in an even-numbered year. |
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SECTION 9. This Act takes effect September 1, 2019. |
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