By: Alvarado S.B. No. 2080

(In the Senate - Filed March 7, 2025; March 24, 2025, read first time and referred to Committee on Transportation; April 22, 2025, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 22, 2025, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2080 By: Hinojosa of Hidalgo

A BILL TO BE ENTITLED

AN ACT

relating to various matters pertaining to certain governmental entities that operate port facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter J, Chapter 441, Government Code, is amended by adding Section 441.1681 to read as follows:

Sec. 441.1681. ELECTRONIC STORAGE OF CERTAIN LOCAL GOVERNMENT RECORDS. (a) The port commission of a navigation district or port authority or a board of trustees established under Chapter 54, Transportation Code, may establish alternative storage and retention standards and procedures for the records of the navigation district, port authority, or board of trustees. The rules must establish:

(1) a process for the port commission or board of trustees to use the alternative storage standards and procedures;

(2) procedures for the conversion of hard copy documents retained by the custodian of the navigation district, port authority, or board of trustees to an electronic form and the destruction of the hard copy documents; and

(3) standards for electronic record management and the preservation of documents retained by the custodian of the navigation district, port authority, or board of trustees.

(b) In establishing the standards and procedures under this section, a port commission or board of trustees may not establish a retention period that is shorter than a retention period required under a state or federal law or court order.

SECTION 2. Section 2252.909(a), Government Code, as added by Chapter 1008 (H.B. 2518), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:

(a) In this section, "governmental entity" has the meaning assigned by Section 2253.001, except that the term does not include a:

(1) navigation district;

(2) port authority; or

(3) board of trustees established under Chapter 54, Transportation Code.

SECTION 3. Section 25.07(e), Tax Code, is amended to read as follows:

(e) In this section, "navigation-related commerce" includes the following if engaged in by a person:

(1) an activity that requires the person to hold a maritime-related license or permit issued by a navigation district, including providing stevedoring, steamship agency, towing, tugboat, or line handling services;

(2) an activity that requires the person to hold a franchise issued by a navigation district;

(3) possessing a leasehold interest in property [owned by a navigation district] that:

(A) connects infrastructure to a public dock; and

(B) is:

(i) owned by a navigation district; or

(ii) managed or controlled by a board of trustees established under Chapter 54, Transportation Code;

(4) hauling cargo into or across a public dock;

(5) commercial fishing;

(6) constructing, fabricating, cleaning, repairing, dismantling, or recycling vessels;

(7) pilotage; [or]

(8) an activity described by Section 60.101, 61.162, or 63.153, Water Code;

(9) operating a cruise ship terminal facility; or

(10) an activity described by Section 54.003 or 54.053, Transportation Code.

SECTION 4. Section 54.054, Transportation Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a) Except for routine purchases and contracts and as otherwise provided by this chapter, the board may award a contract involving the expenditure of funds in excess of the amount applicable to an expenditure of funds by a municipality under Section 252.021(a), Local Government Code, only by competitive bidding.

(c) The board, an authorized designated officer of the board, the general manager employed by the board, or an authorized representative of the general manager may make routine purchases or contracts in an amount not to exceed $50,000. The board may delegate authority to an authorized designated officer of the board, the general manager employed by the board, or an authorized representative of the general manager to make routine purchases or contracts under this section in an amount not to exceed $500,000.

(d) Subchapter A, Chapter 2254, Government Code, applies to the procurement of professional services under this section.

SECTION 5. Section 60.403(a), Water Code, is amended to read as follows:

(a) A port commission, an authorized designated officer of the port commission, the executive director of the district or the port authority, or an authorized representative of the executive director may make routine purchases or contracts in an amount not to exceed $50,000. A port commission may delegate authority to an authorized designated officer of the port commission, the executive director of the district or the port authority, or an authorized representative of the executive director to make routine purchases or contracts in an amount not to exceed $500,000 [$100,000].

SECTION 6. Subchapter Q, Chapter 60, Water Code, is amended by adding Section 60.503 to read as follows:

Sec. 60.503. CLOSED MEETINGS. Notwithstanding Section 551.103, Government Code, a port commission is not required to make a recording of the proceedings of a closed meeting to deliberate security measures, including cybersecurity measures, related to the navigation district or port authority.

SECTION 7. This Act takes effect September 1, 2025.

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