By: Lucio S.B. No. 815
(In the Senate - Filed February 21, 2011; March 1, 2011,
read first time and referred to Committee on Transportation and
Homeland Security; March 14, 2011, rereferred to Committee on
International Relations and Trade; March 28, 2011, reported
favorably by the following vote: Yeas 6, Nays 0; March 28, 2011,
sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the funding of port security, facility projects, and
port studies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (5), Section 55.001, Transportation
Code, is amended to read as follows:
(5) "Port security, transportation, or facility
project" means a project that is necessary or convenient for the
proper operation of a maritime port and that will improve the
security, movement, and intermodal transportation of cargo or
passengers in commerce and trade.
SECTION 2. Subsections (a), (b), and (c), Section 55.002,
Transportation Code, are amended to read as follows:
(a) From money in the fund, the department shall fund:
(1) port security, transportation, or facility
projects; and
(2) maritime port studies.
(b) The commission by rule may establish matching fund
requirements for receiving money from the fund [department may not
fund a port security, transportation, or facility project unless an
amount at least equal to the amount provided by the department is
invested in the project by a port authority or navigation
district].
(c) Port security, transportation, or facility projects
eligible for funding under this chapter include:
(1) construction or improvement of transportation
facilities within the jurisdiction of a maritime port;
(2) the dredging or deepening of channels, turning
basins, or harbors;
(3) the construction or improvement of wharves, docks,
structures, jetties, piers, storage facilities, cruise terminals,
or any facilities necessary or useful in connection with maritime
port transportation or economic development;
(4) the construction or improvement of facilities
necessary or useful in providing maritime port security;
(5) the acquisition of container cranes or other
mechanized equipment used in the movement of cargo or passengers in
international commerce;
(6) the acquisition of land to be used for maritime
port purposes;
(7) the acquisition, improvement, enlargement, or
extension of existing maritime port facilities; and
(8) environmental protection projects that:
(A) are required as a condition of a state,
federal, or local environmental permit or other form of approval;
(B) are necessary for the acquisition of spoil
disposal sites and improvements to existing and future spoil sites;
or
(C) result from the undertaking of eligible
projects.
SECTION 3. Subsection (c), Section 55.005, Transportation
Code, is amended to read as follows:
(c) Money in the fund may be appropriated only to the
department to perform the department's powers and duties concerning
maritime port transportation and economic development under this
chapter and to pay the department's expenses incurred under this
chapter.
SECTION 4. Subsection (a), Section 55.006, Transportation
Code, is amended to read as follows:
(a) The committee consists of seven members appointed by the
commission. The members shall be appointed as follows:
(1) one member from the Port of Houston Authority;
(2) three members who represent maritime ports on the
upper Texas coast; and
(3) three members who represent maritime ports on the
lower Texas coast.
SECTION 5. Section 55.007, Transportation Code, is amended
to read as follows:
Sec. 55.007. DUTIES OF COMMITTEE. (a) The committee
shall:
(1) prepare a maritime port mission plan;
(2) review each project eligible to be funded under
this chapter and make recommendations for approval or disapproval
to the department;
(3) every two years [maintain trade data information
that will assist ports in this state and international trade;
[(4) annually] prepare a report on Texas maritime
ports, with a list of projects that have been recommended by the
committee, including:
(A) the recommended funding level for each
project; and
(B) if staged implementation of the project is
appropriate, the funding requirements for each stage; and
(4) [(5)] advise the commission and the department on
matters relating to port authorities.
(b) The committee shall update the report on Texas maritime
ports and shall submit the report not later than December 1 of each
even-numbered year to the commission for distribution to:
(1) the governor;
(2) the lieutenant governor; and
(3) the speaker of the house of representatives.
SECTION 6. Section 55.008, Transportation Code, is amended
to read as follows:
Sec. 55.008. CAPITAL PROGRAM. (a) The committee shall
prepare a two-year port capital program defining the goals and
objectives of the committee concerning the development of maritime
port facilities and an intermodal transportation system. The port
capital program must include projects or studies submitted to the
committee by any maritime port and recommendations for:
(1) the construction of transportation facilities
connecting any maritime port to another transportation mode; and
(2) the efficient, cost-effective development of
transportation facilities or maritime port facilities for the
purpose of:
(A) enhancing international trade;
(B) enhancing security;
(C) promoting cargo flow;
(D) increasing cruise passenger movements;
(E) increasing maritime port revenues; and
(F) providing economic benefits to the state.
(b) The committee shall update the port capital program
[annually] and shall submit the capital program not later than
December [February] 1 of each even-numbered year to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) the commission.
SECTION 7. This Act takes effect September 1, 2011.
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