By: Eiland H.B. No. 3456
A BILL TO BE ENTITLED
AN ACT
relating to the powers of a board of trustees of harbor and port
facilities of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Transportation Code, is amended by
adding a SUBCHAPTER E., to read as follows:
SUBCHAPTER E. CONCESSION TRANSACTIONS
Sec. 54.201. DEFINITIONS. In this subchapter:
(1) "Concession agreement" means a written agreement
between a municipality or board and a private entity providing for
long term operation, management, and control of a port improvement
or facility by the private entity.
Sec. 54.202. TRANSACTION AUTHORIZED; LIMITATION ON TERM.
(a) Notwithstanding any law or charter provision to the contrary, a
municipality or board may enter into a concession agreement
containing any provision the municipality or board determines
advantageous, including a provision permitting the private entity
to:
(1) fix and levy dockage or wharfage;
(2) establish and enforce rules and regulations in the
operation of the port improvement or facility; or
(3) maintain and publish rates and charges relating to
the operation of the port improvement or facility.
(b) The approval of a concession agreement by a municipality
or board is a public and governmental function, is exercised for a
public purpose, and is a matter of public necessity.
(c) A concession agreement entered into by a board may be
for a term longer than 75 years only if the governing body of the
municipality by ordinance approves the longer term.
SECTION 2. This act takes effect September 1, 2011.