Texas 2011 - 82nd Regular

Texas Senate Bill SB815 Compare Versions

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1	1	By: Lucio S.B. No. 815
2	2	(In the Senate - Filed February 21, 2011; March 1, 2011,
3	3	read first time and referred to Committee on Transportation and
4	4	Homeland Security; March 14, 2011, rereferred to Committee on
5	5	International Relations and Trade; March 28, 2011, reported
6	6	favorably by the following vote: Yeas 6, Nays 0; March 28, 2011,
7	7	sent to printer.)
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the funding of port security, facility projects, and
13	13	port studies.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subdivision (5), Section 55.001, Transportation
16	16	Code, is amended to read as follows:
17	17	(5) "Port security, transportation, or facility
18	18	project" means a project that is necessary or convenient for the
19	19	proper operation of a maritime port and that will improve the
20	20	security, movement, and intermodal transportation of cargo or
21	21	passengers in commerce and trade.
22	22	SECTION 2. Subsections (a), (b), and (c), Section 55.002,
23	23	Transportation Code, are amended to read as follows:
24	24	(a) From money in the fund, the department shall fund:
25	25	(1) port security, transportation, or facility
26	26	projects; and
27	27	(2) maritime port studies.
28	28	(b) The commission by rule may establish matching fund
29	29	requirements for receiving money from the fund [department may not
30	30	fund a port security, transportation, or facility project unless an
31	31	amount at least equal to the amount provided by the department is
32	32	invested in the project by a port authority or navigation
33	33	district].
34	34	(c) Port security, transportation, or facility projects
35	35	eligible for funding under this chapter include:
36	36	(1) construction or improvement of transportation
37	37	facilities within the jurisdiction of a maritime port;
38	38	(2) the dredging or deepening of channels, turning
39	39	basins, or harbors;
40	40	(3) the construction or improvement of wharves, docks,
41	41	structures, jetties, piers, storage facilities, cruise terminals,
42	42	or any facilities necessary or useful in connection with maritime
43	43	port transportation or economic development;
44	44	(4) the construction or improvement of facilities
45	45	necessary or useful in providing maritime port security;
46	46	(5) the acquisition of container cranes or other
47	47	mechanized equipment used in the movement of cargo or passengers in
48	48	international commerce;
49	49	(6) the acquisition of land to be used for maritime
50	50	port purposes;
51	51	(7) the acquisition, improvement, enlargement, or
52	52	extension of existing maritime port facilities; and
53	53	(8) environmental protection projects that:
54	54	(A) are required as a condition of a state,
55	55	federal, or local environmental permit or other form of approval;
56	56	(B) are necessary for the acquisition of spoil
57	57	disposal sites and improvements to existing and future spoil sites;
58	58	or
59	59	(C) result from the undertaking of eligible
60	60	projects.
61	61	SECTION 3. Subsection (c), Section 55.005, Transportation
62	62	Code, is amended to read as follows:
63	63	(c) Money in the fund may be appropriated only to the
64	64	department to perform the department's powers and duties concerning
65	65	maritime port transportation and economic development under this
66	66	chapter and to pay the department's expenses incurred under this
67	67	chapter.
68	68	SECTION 4. Subsection (a), Section 55.006, Transportation
69	69	Code, is amended to read as follows:
70	70	(a) The committee consists of seven members appointed by the
71	71	commission. The members shall be appointed as follows:
72	72	(1) one member from the Port of Houston Authority;
73	73	(2) three members who represent maritime ports on the
74	74	upper Texas coast; and
75	75	(3) three members who represent maritime ports on the
76	76	lower Texas coast.
77	77	SECTION 5. Section 55.007, Transportation Code, is amended
78	78	to read as follows:
79	79	Sec. 55.007. DUTIES OF COMMITTEE. (a) The committee
80	80	shall:
81	81	(1) prepare a maritime port mission plan;
82	82	(2) review each project eligible to be funded under
83	83	this chapter and make recommendations for approval or disapproval
84	84	to the department;
85	85	(3) every two years [maintain trade data information
86	86	that will assist ports in this state and international trade;
87	87	[(4) annually] prepare a report on Texas maritime
88	88	ports, with a list of projects that have been recommended by the
89	89	committee, including:
90	90	(A) the recommended funding level for each
91	91	project; and
92	92	(B) if staged implementation of the project is
93	93	appropriate, the funding requirements for each stage; and
94	94	(4) [(5)] advise the commission and the department on
95	95	matters relating to port authorities.
96	96	(b) The committee shall update the report on Texas maritime
97	97	ports and shall submit the report not later than December 1 of each
98	98	even-numbered year to the commission for distribution to:
99	99	(1) the governor;
100	100	(2) the lieutenant governor; and
101	101	(3) the speaker of the house of representatives.
102	102	SECTION 6. Section 55.008, Transportation Code, is amended
103	103	to read as follows:
104	104	Sec. 55.008. CAPITAL PROGRAM. (a) The committee shall
105	105	prepare a two-year port capital program defining the goals and
106	106	objectives of the committee concerning the development of maritime
107	107	port facilities and an intermodal transportation system. The port
108	108	capital program must include projects or studies submitted to the
109	109	committee by any maritime port and recommendations for:
110	110	(1) the construction of transportation facilities
111	111	connecting any maritime port to another transportation mode; and
112	112	(2) the efficient, cost-effective development of
113	113	transportation facilities or maritime port facilities for the
114	114	purpose of:
115	115	(A) enhancing international trade;
116	116	(B) enhancing security;
117	117	(C) promoting cargo flow;
118	118	(D) increasing cruise passenger movements;
119	119	(E) increasing maritime port revenues; and
120	120	(F) providing economic benefits to the state.
121	121	(b) The committee shall update the port capital program
122	122	[annually] and shall submit the capital program not later than
123	123	December [February] 1 of each even-numbered year to:
124	124	(1) the governor;
125	125	(2) the lieutenant governor;
126	126	(3) the speaker of the house of representatives; and
127	127	(4) the commission.
128	128	SECTION 7. This Act takes effect September 1, 2011.
129	129	* * * * *