By: Anchia H.B. No. 3851
A BILL TO BE ENTITLED
AN ACT
relating to the enhancement of Texas maritime ports for expanded
service to international marine freight and passenger markets.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55, Transportation Code, is amended to
read as follows:
Sec. 55.002. PORT DEVELOPMENT FUNDING. (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.
(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.
(d) The department, in consultation with the committee,
shall review the list of projects recommended by the committee to
evaluate the economic benefit of each project. The commission,
after receiving recommendations from the committee and from the
department, shall approve projects or studies for funding based on
its review.
(d-1) For any project with a potential cost exceeding
$1,000,000, the department, in consultation with the committee,
shall review its impact upon the ports competitiveness in the
international marketplace, as a factor in ranking the project for
priority funding.
(d-2) For any project with a potential cost exceeding
$10,000,000, the department, in consultation with the committee,
shall review the possibility of a public private partnership, and
potential cost, project delivery, and efficiency advantages.
SECTION 2. Section 55, 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) generating new trade-related jobs; and
(G) providing economic benefits to the state.
(b) The committee shall update the port capital program and
shall submit the capital program not later than December 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.
(c) Prior to approval of the port capital program, the
committee, in consultation with the Texas Higher Education
Coordinating Board, the Texas Workforce Commission and other
appropriate agencies, on a workforce development plan to equip
Texans to pursue job opportunities related to the new port
investment.
SECTION 3. Chapter 60, Transportation Code, is amended by
adding Section 60.002 to read as follows:
Sec. 60.002. TEXAS GLOBAL SEAPORTS PROGRAM. (a) In this
section, "program" means the Texas Global Seaports Program.
(b) An interagency, public-private sector work group
entitled the Texas Global Seaports Work Group is created to consult
upon, develop, adopt an action plan for, and fund the program,
including:
(1) develop or update a process to allow agencies and
business to work together to identify the key emerging global
markets for Texas products and services, and inbound foreign
investment in Texas businesses, and collaborate to identify
improvements to Texas' seaports to better serve international
commerce;
(2) consult with local governments, educational
institutions, economic development and metropolitan planning
organizations, workforce development agencies, small business
agencies, chambers of commerce, trade associations, and other
stakeholders, to elicit recommendations on a statewide strategy to
enhance services out of Texas' global seaports;
(3) consult with the top industry consumers of Texas
products and services in foreign nations, elicit recommendations on
improvements to Texas airports, including enhancements targeting
international shippers and passengers, which would improve Texas'
ability to compete with other states, provinces and nations for
international maritime business; and
(4) Establish a "Texas Global Seaports Fund," and
criteria and a procedure through which a facility may secure
certification as a "Texas Global Seaport," entitling the facility
to apply for funding for capital and other improvements from the
fund.
(c) The task force shall meet at least once quarterly in
Austin to report on results of their consultations, new
international partnerships, and best practices and case studies
from other states, provinces and nations.
(d) No later than December 31, 2014, the Task Force shall
publish its findings and strategic recommendations, including
selected case studies from other nations, and a strategic plan to
boost total international activity at Texas seaports by 20% by the
year 2025.
(e) In fulfilling its duties, the task force shall consider
opportunities to collaborate with the federal government,
including the U.S. Department of Transportation and Federal
Maritime Administration, and other federal government departments,
and the effect of federal policies, including trade agreements,
upon Texas' maritime business opportunities in the global
marketplace.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.