Texas 2015 - 84th Regular

Texas House Bill HB3152 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Smith H.B. No. 3152
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the administration of the Port of Houston Authority.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 5007.002(a), Special District Local Laws
9	9	Code, is amended to read as follows:
10	10	(a) That, effective June 6, 1927, the Harris County Houston
11	11	Ship Channel Navigation District of Harris County, Texas, in Harris
12	12	County, as hereinafter described by metes and bounds, is hereby
13	13	created and established under authority of Article 3, Section 52,
14	14	of the Constitution of the State of Texas, for the purpose of the
15	15	development of deep water navigation and the improvement of rivers,
16	16	bays, creeks, streams, and canals within or adjacent to the
17	17	authority, including the Houston Ship Channel, which extends into
18	18	the Gulf of Mexico, and dredge material management areas, and to
19	19	construct and maintain canals or waterways to permit navigation or
20	20	in aid thereof and for the purpose of and authority to acquire,
21	21	purchase, undertake, construct, maintain, operate, develop, and
22	22	regulate wharves, docks, warehouses, grain elevators, bunkering
23	23	facilities, belt railroads, floating plants, lighterage, lands,
24	24	towing facilities, and all other facilities or aids incident to or
25	25	necessary to the operation or development of ports or waterways
26	26	within the authority, including the Houston Ship Channel, which
27	27	extends into [and extending to] the Gulf of Mexico, and dredge
28	28	material management areas, as provided in Chapter 9 of the Revised
29	29	Statutes of 1925; and all orders of the Commissioners' Court of
30	30	Harris County, Texas, and of the Navigation Commissioners,
31	31	heretofore made in respect to the creation of such authority and the
32	32	authorization and issuance of the bonds of said authority are
33	33	hereby in all things ratified, confirmed, and validated.
34	34	SECTION 2. Sections 5007.004(a),(b), and (c), Special
35	35	District Local Laws Code, are amended to read as follows:
36	36	(a) That all right, title and interest of the State of
37	37	Texas, to all lands hereinafter in this section described, to wit:
38	38	All islands and lands owned by the State of Texas, many of
39	39	which are subject to overflow, known as Barnes Island, Alexander
40	40	Island, Goat Island, Diamond Island and Hog Island in San Jacinto
41	41	River above Lynchburg, and certain accretions formed by dredged
42	42	material excavated from the channel and forming land attached to or
43	43	near said Alexander Island, Hog Island between Goose Creek and
44	44	Morgan Point, Atkinson Island, and all the submerged lands lying
45	45	and being situated under the waters of Buffalo Bayou, San Jacinto
46	46	River, White Oak Bayou, Bray's Bayou, Simms Bayou, Vinces Bayou,
47	47	Hunting Bayou, Greens Bayou, Carpenters Bayou, Old River, Lost
48	48	River, Goose Creek and Cedar Bayou, and all other streams within the
49	49	authority tributary to the Houston Ship Channel, so far up said
50	50	streams as the State may own same, together with all lands lying and
51	51	being situated under the waters of Old River, Burnett's Bay,
52	52	Crystal Lake, Scott's Bay, Peggy's Lake, Black Duck Bay, Tabbs Bay
53	53	and San Jacinto Bay, and all other tidal flats or overflow land
54	54	adjacent to or appurtenant to the above mentioned streams within
55	55	the limits above mentioned except Mitchell's Bay and any area
56	56	between said bay and the Houston Ship Channel, as now or hereafter
57	57	located, is [hereby] granted to the authority effective June 14,
58	58	1927, or its successors, for public purposes and for the
59	59	development of commerce only, in accordance with the following
60	60	provisions and stipulations herein contained; provided that
61	61	inasmuch as it is the purpose of this section to grant said lands to
62	62	the public agency which is developing the Port of Houston, upon the
63	63	creation by legislation of other public agency which shall
64	64	supersede the authority as the public agency developing the Port of
65	65	Houston, the title to said lands shall be transferred from the
66	66	authority to such public agency, either municipal or State, so
67	67	provided, such public agency being referred to herein as the
68	68	successors of the authority.
69	69	(b) The authority, or its successors, is hereby granted the
70	70	right, power and authority to authorize, establish, construct,
71	71	purchase, own, maintain, equip, regulate, operate and lease
72	72	wharves, piers, docks, dry docks, marine ways and all other
73	73	structures and appliances for facilitating or accommodating
74	74	commerce or navigation, and to dredge out channels, slips and
75	75	turning basins, and to fill in space between the main land and
76	76	islands and to fill areas for wharves, piers, docks, dry docks,
77	77	marine ways and for all other structures and appliances for
78	78	facilitating and accommodating commerce and navigation, having
79	79	first secured a permit from the Government of the United States of
80	80	America as required by federal law [therefor], and to construct, or
81	81	cause or authorize to be constructed on said wharves, piers, docks,
82	82	dry docks, marine ways and other structures and appliances for
83	83	facilitating and accommodating commerce and navigation, or on lands
84	84	so filled in, any and all elevators, warehouses, bunkers, railway
85	85	terminals and sidetracks, or any other facilities or aids
86	86	whatsoever to navigation or commerce. Said lands shall be used by
87	87	the authority, or its successors, solely for the establishment,
88	88	improvement and conduct of a [an] harbor and ship channel and for
89	89	the construction, maintenance and operation [thereon] of any
90	90	facilities or aids whatsoever related to the same, and the
91	91	authority, or its successors, shall not at any time, grant, convey,
92	92	give or alien said lands or any part thereof, to any individual,
93	93	firm or corporation for any purpose whatsoever; provided, that the
94	94	authority, or its successors, may grant franchises thereon for
95	95	limited periods of time for wharves, and other public uses and
96	96	purposes, and may lease said lands and facilities or any part
97	97	thereof for limited periods for purposes consistent with this
98	98	chapter, but no wharves, piers or structures of any kind shall be
99	99	constructed on said lands by anyone save the authority, except
100	100	under a franchise or lease granted by the authority and in a manner
101	101	first prescribed by and approved of by the authority or its
102	102	successors.
103	103	(c) For the purpose of carrying out the provisions of this
104	104	section, the authority, or its successors, is hereby granted the
105	105	right, power and authority to abate and remove any and all
106	106	encroachments or structures of any kind now or hereafter existing
107	107	on said property, save such as may have been constructed under
108	108	permit from the [United States War Department, or other] proper
109	109	Federal authority, and shall have the right to bring such suit or
110	110	suits as may be necessary to carry out the provisions of this
111	111	section to the same extent and as fully and completely as the right
112	112	to bring such a suit or suits existed in the State prior to the
113	113	passage hereof.
114	114	SECTION 3. The heading to Section 5007.006, Special
115	115	District Local Laws Code, is amended to read as follows:
116	116	Sec. 5007.006. REVENUE OBLIGATIONS; CERTAIN POWERS; FEES
117	117	AND CHARGES; FACILITIES [GRAIN ELEVATORS]; TAXATION EXEMPTION;
118	118	REFUNDING BONDS; CERTAIN BOND PROVISIONS.
119	119	SECTION 4. Sections 5007.006(d), (e), (g), (j), (m), and
120	120	(r), Special District Local Laws Code, are amended to read as
121	121	follows:
122	122	(d) Such obligations shall not constitute an indebtedness
123	123	or pledge of the credit of the authority, and the holders thereof
124	124	shall never have the right to demand payment thereof out of any
125	125	funds raised or to be raised by taxation, and such obligations shall
126	126	contain a recital to that effect. All obligations issued hereunder
127	127	shall be in registered or coupon form, and if in coupon form may be
128	128	registerable as to principal only, or as to both principal and
129	129	interest, shall bear interest at a rate not to exceed the amount
130	130	allowed by law, payable annually or semiannually, and shall be in
131	131	such denominations and shall mature serially or at one time not more
132	132	than forty (40) years from their date in such manner as may be
133	133	provided by the port commission. Principal of and interest on such
134	134	obligations shall be made payable at any place or places within or
135	135	without the State of Texas, and in the discretion of the port
136	136	commission such obligations may be made callable and/or refundable
137	137	at the option of the port commission prior to maturity at such
138	138	premium or premiums as the port commission shall determine. Such
139	139	obligations shall be signed by the manual or facsimile signatures
140	140	of the chair of the port commission [Chairman] and the executive
141	141	director [of the port commission] as may be provided in the
142	142	proceedings authorizing said obligations, and the interest coupons
143	143	attached thereto may also be executed by the facsimile signatures
144	144	of such officers. Such obligations shall be sold in such manner and
145	145	at such times as the port commission shall determine to be expedient
146	146	and necessary to the interests of the authority, provided, that in
147	147	no event shall such obligations be sold for a price which will
148	148	result in an interest yield therefrom of more than the amount
149	149	allowed by law computed to maturity according to standard bond
150	150	tables in general use by banks and insurance companies. Any premium
151	151	or premiums provided for the call or refunding of any bonds issued
152	152	pursuant to this Section shall not be included in the computation of
153	153	the maximum interest yield on such bonds. In the event of the
154	154	officers whose signatures are on such obligations or coupons shall
155	155	cease to be such officers before the delivery of such obligations to
156	156	the purchaser, such signature or signatures, nevertheless, shall be
157	157	valid and sufficient for all purposes. All obligations issued
158	158	hereunder shall constitute negotiable instruments under Chapter 3,
159	159	Business & Commerce Code.
160	160	(e) Any obligations issued hereunder may be issued payable
161	161	from and secured by the pledge of all the revenues derived from the
162	162	operation of the improvements and facilities of the authority,
163	163	exclusive of any revenues derived from taxation or assessments, or
164	164	may be payable from and secured by the pledge of only such revenues
165	165	as may be derived from the operation of the improvements and
166	166	facilities acquired or improved with the proceeds of the sale of
167	167	such obligations, or may be payable from and secured by the pledge
168	168	of a specified part of the revenues derived from the operation of
169	169	the improvements and facilities of the authority, all as may be
170	170	provided in the proceedings authorizing the issuance of such
171	171	obligations.
172	172	(g) The authority may adopt plans for the construction or
173	173	refinancing of a facility [grain elevator or elevators], to be paid
174	174	for by the issuance and sale of obligations payable from and secured
175	175	by a pledge of revenues to be derived from the operation of the
176	176	facility [said grain elevator] and further secured by a trust
177	177	indenture, or by a deed of trust on the physical properties of such
178	178	improvement; and during the time any such improvement is encumbered
179	179	by the pledge of such revenues and the lien upon its physical
180	180	properties, in the proceedings authorizing the bonds or the
181	181	indenture, may vest its management and control in a Board of
182	182	Trustees, to be named in such resolution or indenture, consisting
183	183	of not less than five (5) nor more than nine (9) members. The
184	184	compensation of the members of such Board of Trustees shall be fixed
185	185	by such resolution or indenture, but shall never exceed one percent
186	186	(1%) of the gross receipts of such improvement in any one (1) year.
187	187	The terms of office of the members of such Board of Trustees, their
188	188	powers and duties, including the power to fix fees and charges for
189	189	the use of such improvements, and the manner of exercising same, the
190	190	manner of the selection of their successors, and all matters
191	191	pertaining to their duties and the organization of such Board of
192	192	Trustees shall be specified in such resolution or indenture. Any
193	193	such Board of Trustees may adopt bylaws regulating the procedure of
194	194	the Board and fixing the duties of its officers, but the bylaws
195	195	shall not contain any provision in conflict with the covenants and
196	196	provisions contained in the resolution authorizing the bonds or the
197	197	indenture. In all matters wherein the resolution or indenture are
198	198	silent as to the powers, duties, obligations and procedure of the
199	199	Board, the laws and rules governing the port commission shall
200	200	control the Board of Trustees in so far as applicable. The Board
201	201	may be created by the resolution or indenture, and in that event
202	202	shall have all or any of the powers and authority which could be
203	203	exercised by the port commission in so far as the management and
204	204	operation of any such improvement is concerned. By the terms of any
205	205	such resolution or indenture the port commission may make provision
206	206	for later supplementing such resolution or indenture so as to vest
207	207	the management and control of the facility [such grain elevator] in
208	208	a Board of Trustees having the powers, rights and duties herein
209	209	conferred or imposed.
210	210	(j) As additional security for the payment of any
211	211	obligations issued hereunder, the port commission may in its
212	212	discretion have executed in favor of the holders of such
213	213	obligations an indenture or deed of trust mortgaging and
214	214	encumbering all or any part of the physical properties comprising
215	215	the improvements and facilities the net revenues of which are
216	216	pledged to the payment of such obligations, including the lands
217	217	upon which said improvements and facilities are located, and may
218	218	provide in such mortgage or encumbrance for a grant to any purchaser
219	219	or purchasers at foreclosure sale thereunder of a franchise or
220	220	lease to operate such improvements, facilities and properties for a
221	221	term of not over fifty (50) years from the date of such purchase,
222	222	subject to all laws regulating same then in force. Any such
223	223	indenture or deed of trust may contain such terms and provisions as
224	224	the port commission shall deem proper and shall be enforceable in
225	225	the manner provided by the laws of Texas for the enforcement of
226	226	other mortgages and encumbrances. Under any such sale ordered
227	227	pursuant to the provisions of such mortgage or encumbrance, the
228	228	purchaser or purchasers at such sale, and his or their successors or
229	229	assigns, shall be vested with a permit or franchise conforming to
230	230	the provisions stipulated in the indenture or deed of trust to
231	231	maintain and operate the improvements, facilities and properties
232	232	purchased at such sale with like powers and privileges as may
233	233	theretofore have been enjoyed by the authority in the operation of
234	234	said improvements, facilities and properties. The purchaser or
235	235	purchasers of such improvements, facilities and properties at any
236	236	such sale, and his or their successors and assigns, may operate said
237	237	improvements, facilities and properties as provided in the last
238	238	above sentence or may at their option remove all or any part or
239	239	parts of said improvements, facilities and properties for diversion
240	240	to other purposes. The provisions of [Sections 61.164, 61.165, and
241	241	61.168, Water Code, and Chapter 134, Acts 1935, 44th Legislature,
242	242	Regular Session, as amended, and] any statute not included in this
243	243	chapter that relates [other Statutes relating] to the authorization
244	244	or execution of mortgages and encumbrances or the granting of
245	245	franchises or leases shall not be applicable to the authorization
246	246	or execution of any mortgage or encumbrance entered into pursuant
247	247	to the provisions of this chapter, nor to the granting of any
248	248	franchise or lease hereunder. Any obligations issued pursuant to
249	249	the provisions of this chapter and additionally secured by an
250	250	indenture or deed of trust as provided by this subsection, whether
251	251	such obligations are notes or certificates of indebtedness or
252	252	otherwise, and the record relating to their issuance, may, at the
253	253	option of the port commission, be submitted to the Attorney General
254	254	of Texas for his examination and approval, as in the case of bonds,
255	255	and after the Attorney General has approved the same, such
256	256	obligations shall be registered by the Comptroller of Public
257	257	Accounts of Texas; and after such obligations have been approved by
258	258	the Attorney General and registered by the Comptroller, they shall
259	259	thereafter be incontestable for any cause except for forgery or
260	260	fraud.
261	261	(m) The authority, in addition to the other powers
262	262	hereinabove set out, shall have general power and authority to make
263	263	and enter into all contracts, leases and agreements necessary or
264	264	convenient to the carrying out of any of the powers granted in this
265	265	chapter, which contracts, leases or agreements may be entered into
266	266	with any person, real or artificial, any corporation, municipal,
267	267	public or private, and the government or governmental agency,
268	268	including those of the United States and the State of Texas. Except
269	269	as provided by Chapter 60, Water Code, any [Any and all] contracts,
270	270	leases or agreements entered into pursuant hereto shall be approved
271	271	by action [resolution or order] of the port commission, and shall be
272	272	executed by the chair of the port commission [Chairman] and
273	273	attested by the executive director [thereof].
274	274	(r) This Section, without reference to other Statutes of the
275	275	State of Texas, shall constitute full authority for the
276	276	authorization and issuance of obligations hereunder and for the
277	277	accomplishment of all things herein authorized to be done, and no
278	278	proceedings relating to the authorization or issuance of such
279	279	obligations or the doing of such things shall be necessary except
280	280	such as are herein required, and no [neither the Bond and Warrant
281	281	Law of 1931 or any other] provisions of the Laws of the State of
282	282	Texas[,] pertinent to the authorization or issuance of obligations,
283	283	the operation and maintenance of ports, canals and waterways, the
284	284	granting of franchise, permits, or leases, the right to elections
285	285	or referendum petitions, shall in anywise impede or restrict the
286	286	carrying out of the acts authorized to be done hereunder or acts
287	287	done pursuant hereto.
288	288	SECTION 5. Sections 5007.007(a-1), (n), (o), (p), and (q),
289	289	Special District Local Laws Code, are amended to read as follows:
290	290	(a-1) The authority is empowered and authorized to
291	291	exercise, in addition to all powers conferred by this section, all
292	292	powers conferred upon the authority by the law or laws under which
293	293	it was organized, and, in addition, shall have all of the powers and
294	294	jurisdiction conferred upon Districts originally organized under
295	295	Article XVI, Section 59, of the Constitution of the State of Texas,
296	296	including [and particularly] Subchapters B, H, and K, Chapter 60,
297	297	Water Code, and Sections 60.034 through 60.042, 61.075, 61.076,
298	298	61.082, 61.112, 61.115 through 61.117, 61.151 through 61.168,
299	299	61.172 through 61.174, and 61.176, Water Code, as amended, and
300	300	Articles 8248, 8249, 8250, 8251, 8252, 8253, 8254, 8255, 8256,
301	301	8257, and 8258, Revised Civil Statutes of Texas, 1925, as amended,
302	302	as well as Chapter 6, Acts, 1941, Forty-seventh Legislature, Page
303	303	8, as amended; Chapter 176, Acts, 1955, Fifty-fourth Legislature,
304	304	Page 554; Chapter 217, Acts, 1949, Fifty-first Legislature, Page
305	305	407; provided, that if there is any conflict or inconsistency
306	306	between said laws or any of them, and this chapter, then to the
307	307	extent of conflict or inconsistency, the provisions of this chapter
308	308	shall govern.
309	309	(n) The port commission shall provide all necessary
310	310	additional books for the use of the tax assessor-collector
311	311	[Assessor and Collector of taxes] and the Clerk of the
312	312	Commissioners Court of Harris County, Texas. The tax
313	313	assessor-collector [Tax Assessor] of [said] Harris County shall be
314	314	charged with the assessment of all property for taxation within the
315	315	authority and when ordered to do so by the Commissioners Court of
316	316	Harris County shall assess all property within the authority and
317	317	list the same for taxation in the books or rolls furnished the tax
318	318	assessor-collector [him] for said purposes, and return said books
319	319	or rolls at the same time when the tax assessor-collector [he]
320	320	returns the other books or rolls of the State and County Taxes for
321	321	correction and approval to the Commissioners Court of said County,
322	322	and if said Court shall find said books or rolls correct they shall
323	323	approve the same, and in all matters pertaining to the assessment of
324	324	property for taxation in the authority, the tax assessor-collector
325	325	[Tax Assessor] and appraisal review board [Board of Equalization]
326	326	of said County shall be authorized to act and shall be governed by
327	327	the laws of Texas for assessing and equalizing property for State
328	328	and County Taxes, except as herein provided. All taxes authorized
329	329	to be levied by this chapter shall be a lien upon the property upon
330	330	which said taxes are assessed, and said taxes may be paid and shall
331	331	mature and be paid at the time provided by the laws of this State for
332	332	the payment of State and County Taxes; and all the penalties
333	333	provided by the laws of this State for the nonpayment of State and
334	334	County Taxes shall apply to all taxes authorized to be levied by
335	335	this chapter. The tax assessor-collector [Tax Collector] of Harris
336	336	County shall be charged with the assessment rolls of the authority,
337	337	and is required to make collection of all taxes levied and assessed
338	338	against the property in said County and promptly pay over the same
339	339	to the Treasurer of the authority. The tax assessor-collector [Tax
340	340	Assessor-Collector] shall receive compensation for [such] services
341	341	[such compensation as the port commission and said Commissioners
342	342	Court shall agree upon;] and such compensation shall be paid as
343	343	provided by law [to the Officers' Salary Fund of the County]. The
344	344	bond of the tax assessor-collector [such Assessor-Collector] shall
345	345	stand as security for the proper performance of the [his] duties as
346	346	tax assessor-collector [Tax Assessor-Collector] of the authority;
347	347	or, if in the judgment of the port commission it be necessary, an
348	348	additional bond payable to the authority may be required, and in all
349	349	matters pertaining to the collection of taxes levied under the
350	350	provisions of this chapter, the tax assessor-collector [Tax
351	351	Collector] shall be authorized to act and shall be governed by the
352	352	laws of the State of Texas for the collection of State and County
353	353	Taxes, except as herein provided; and suits may be brought for the
354	354	collection of said taxes and the enforcement of the tax liens
355	355	created by this chapter. It shall be the duty of the tax
356	356	assessor-collector [Tax Collector] to make a certified list of all
357	357	delinquent property upon which the navigation tax has not been
358	358	paid, and return the same to the County Commissioners Court, which
359	359	shall proceed to have the same collected by the sale of such
360	360	delinquent property in the same manner, both by suit and otherwise,
361	361	as now or may be provided for the sale of property for the
362	362	collection of State and County Taxes; and, at the sale of any
363	363	property for any delinquent tax, the port commission may become the
364	364	purchasers of the same for the benefit of the authority. Should the
365	365	tax assessor-collector [said Tax Assessor and Collector] fail or
366	366	refuse to comply with the order of said Commissioners Court
367	367	requiring the tax assessor-collector [him] to assess and list for
368	368	taxation all the property in the authority, or fail or refuse to
369	369	give such additional bond or security as herein provided, the tax
370	370	assessor-collector [he] shall be suspended from further discharge
371	371	of the tax assessor-collector's [his] duties by the Commissioners
372	372	Court of said County, and the tax assessor-collector [he] shall be
373	373	removed from office in the mode prescribed by law for the removal of
374	374	county officers.
375	375	(o) The County Treasurer of Harris County shall be treasurer
376	376	of the authority, and it shall be his duty to open an account of all
377	377	moneys received by the treasurer [him] belonging to the authority
378	378	and all amounts paid out by the treasurer[him]. The treasurer [He]
379	379	shall deposit the funds of the authority in such depository or
380	380	depositories as may be designated by the port commission in the
381	381	manner provided by law [for the selection of a county depository,
382	382	and such depository so selected shall be the depository of the
383	383	authority for a period of two (2) years and until its successor is
384	384	selected and qualified]. Should the port commission fail or refuse
385	385	to select a depository such depository shall be selected in like
386	386	manner by the Commissioners Court. [The depository of the authority
387	387	on April 29, 1957, shall continue to be the depository of the
388	388	authority until its successor is selected and qualified as herein
389	389	provided.] The treasurer [He] shall pay out no money except upon the
390	390	conditions provided for in this chapter and under other law[,] and
391	391	[he] shall carefully preserve on file all orders for the payment of
392	392	money; and, as often as required by the said Commissioners Court,
393	393	[he] shall render a correct account to them of all matters
394	394	pertaining to the financial condition of the authority. The County
395	395	Treasurer shall execute a good and sufficient bond, payable to the
396	396	[port commissioners and to their successors in office for the
397	397	benefit of the] authority in an amount to be fixed by the port
398	398	commission, such bond to be conditioned for the faithful
399	399	performance of the [his] duties as treasurer of the authority and to
400	400	be approved by the port commission; provided whenever any bonds are
401	401	issued by the authority, the County Treasurer before receiving the
402	402	proceeds of sale thereof shall execute additional good and
403	403	sufficient bond payable to the port commission in an amount to be
404	404	fixed by the port commission, which bond shall likewise be
405	405	conditioned and approved as aforesaid, but such additional bond
406	406	shall not be required after such Treasurer shall have properly
407	407	disbursed the proceeds of such bond issue; and the County Treasurer
408	408	shall be allowed such compensation for [his] services performed as
409	409	treasurer of the authority as may be determined by the port
410	410	commission[, and such compensation shall be paid to the Officers'
411	411	Salary Fund of the County].
412	412	(p) The authority shall acquire, purchase, lease, maintain,
413	413	repair and operate facilities and equipment for preventing,
414	414	detecting, controlling and fighting fires on or adjacent to the
415	415	waterways, channels and turning basins within its jurisdiction,
416	416	including the Houston Ship Channel, which extends into the Gulf of
417	417	Mexico, and for the protection of life and property from damage by
418	418	fire and explosion. The authority shall promulgate and enforce
419	419	ordinances, rules and regulations for the promotion of the safety
420	420	of life and property on or adjacent to the waterways, channels and
421	421	turning basins within its jurisdiction, including the Houston Ship
422	422	Channel, which extends into the Gulf of Mexico, from damages by fire
423	423	and explosion thereon in the manner provided by Subchapter D,
424	424	Chapter 60, Water Code. The powers and functions herein authorized
425	425	may be exercised both within and without the corporate limits of any
426	426	city, town or village situated within the boundaries of the
427	427	authority. This chapter shall be cumulative of all other laws on the
428	428	subject but in the event of conflict between this chapter and any
429	429	law of this state or any charter provision or ordinance of any such
430	430	city, town or village relating to the subject matter of this
431	431	chapter, the provisions of this chapter shall control.
432	432	(q) The authority is authorized to acquire, purchase,
433	433	construct, enlarge, extend, repair, maintain, operate, or develop
434	434	traffic control facilities and everything appurtenant thereto,
435	435	together with all other facilities or aids incident to or useful in
436	436	the operation or development of the [authority's] ports and
437	437	waterways within the authority's jurisdiction, including the
438	438	Houston Ship Channel, which extends into the Gulf of Mexico, or in
439	439	aid of navigation and commerce thereon.[The traffic control
440	440	facilities shall be financed out of available revenue and shall not
441	441	utilize bond revenue funds.]
442	442	SECTION 6. Section 5007.010, Special District Local Laws
443	443	Code, is amended to read as follows:
444	444	Sec. 5007.010. NAME AND TITLE CHANGES. (a) Effective
445	445	August 30, 1971, the [The] name of the Harris County Houston Ship
446	446	Channel Navigation District of Harris County, Texas, is changed to
447	447	the Port of Houston Authority of Harris County, Texas.
448	448	(b) Effective August 30, 1971, the [The] name of the Board
449	449	of Navigation and the Canal Commissioners of the authority is
450	450	changed to the port commission, and the title of each member is port
451	451	commissioner.
452	452	(c) Effective August 30, 1971, the [The] title of general
453	453	manager of the authority is changed to executive director.
454	454	SECTION 7. Subchapter B, Chapter 5007, Special District
455	455	Local Laws Code, is amended by adding Section 5007.2065 to read as
456	456	follows:
457	457	Sec. 5007.2065. SERVICE ON FREIGHT RAIL DISTRICT BOARD.
458	458	The chair of the port commission may designate an officer or
459	459	employee of the authority to serve on behalf of the chair as a
460	460	director of a freight rail district created under Section 171.052,
461	461	Transportation Code.
462	462	SECTION 8. Section 5007.218, Special District Local Laws
463	463	Code, is amended to read as follows:
464	464	Sec. 5007.218. EXPENSE POLICY. The port commission shall
465	465	adopt an expense policy that includes:
466	466	(1) spending guidelines for meals, lodging, and
467	467	entertainment, including a process for handling and documenting
468	468	exceptions to the guidelines if business needs require an
469	469	exception;
470	470	(2) clear expense report protocols, including:
471	471	(A) the use of cash advances;
472	472	(B) the separation of reports from port
473	473	commissioners and authority employees; and
474	474	(C) clear lines of accountability for the
475	475	submission of reports; and
476	476	(3) a prohibition on the use of authority funds for a
477	477	meal for a port commissioner or an authority employee that is not
478	478	part of:
479	479	(A) approved travel for authority business;
480	480	(B) [or part of] a ceremonial or business-related
481	481	function with outside parties;
482	482	(C) an employee training program; or
483	483	(D) an event with the purpose of employee
484	484	recognition, seasonal celebration, or building morale.
485	485	SECTION 9. Subchapter B, Chapter 5007, Special District
486	486	Local Laws Code, is amended by adding Section 5007.229 to read as
487	487	follows:
488	488	Sec. 5007.229. NOTICE OF MEETINGS. Section 551.054(b),
489	489	Government Code, does not apply to the authority.
490	490	SECTION 10. This Act takes effect immediately if it
491	491	receives a vote of two-thirds of all the members elected to each
492	492	house, as provided by Section 39, Article III, Texas Constitution.
493	493	If this Act does not receive the vote necessary for immediate
494	494	effect, this Act takes effect September 1, 2015.