Texas 2017 - 85th Regular

Texas House Bill HB1394 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22478 DMS-F
2	2	By: Perez H.B. No. 1394
3	3	Substitute the following for H.B. No. 1394:
4	4	By: Morrison C.S.H.B. No. 1394
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of the Port of Houston Authority.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 5007.002(a), Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	(a) That, effective June 6, 1927, the Harris County Houston
14	14	Ship Channel Navigation District of Harris County, Texas, in Harris
15	15	County, as hereinafter described by metes and bounds, is hereby
16	16	created and established under authority of Article 3, Section 52,
17	17	of the Constitution of the State of Texas, for the purpose of the
18	18	development of deep water navigation and the improvement of rivers,
19	19	bays, creeks, streams, and canals within or adjacent to the
20	20	authority, including the Houston Ship Channel and dredge material
21	21	management areas, and to construct and maintain canals or waterways
22	22	to permit navigation or in aid thereof and for the purpose of and
23	23	authority to acquire, purchase, undertake, construct, maintain,
24	24	operate, develop, and regulate wharves, docks, warehouses, grain
25	25	elevators, bunkering facilities, belt railroads, floating plants,
26	26	lighterage, lands, dredge material management areas, towing
27	27	facilities, and all other facilities or aids incident to or
28	28	necessary to the operation or development of ports or waterways
29	29	within the authority, including the Houston Ship Channel and dredge
30	30	material management areas [and extending to the Gulf of Mexico], as
31	31	provided in Chapter 9 of the Revised Statutes of 1925; and all
32	32	orders of the Commissioners' Court of Harris County, Texas, and of
33	33	the Navigation Commissioners, heretofore made in respect to the
34	34	creation of such authority and the authorization and issuance of
35	35	the bonds of said authority are hereby in all things ratified,
36	36	confirmed, and validated.
37	37	SECTION 2. Sections 5007.004(b) and (c), Special District
38	38	Local Laws Code, are amended to read as follows:
39	39	(b) The authority, or its successors, is hereby granted the
40	40	right, power and authority to authorize, establish, construct,
41	41	purchase, own, maintain, equip, regulate, operate and lease
42	42	wharves, piers, docks, dry docks, marine ways and all other
43	43	structures and appliances for facilitating or accommodating
44	44	commerce or navigation, and to dredge out channels, slips and
45	45	turning basins, and to fill in space between the main land and
46	46	islands and to fill areas for wharves, piers, docks, dry docks,
47	47	marine ways and for all other structures and appliances for
48	48	facilitating and accommodating commerce and navigation, having
49	49	first secured a permit from the Government of the United States of
50	50	America as required by Federal law [therefor], and to construct, or
51	51	cause or authorize to be constructed on said wharves, piers, docks,
52	52	dry docks, marine ways and other structures and appliances for
53	53	facilitating and accommodating commerce and navigation, or on lands
54	54	so filled in, any and all elevators, warehouses, bunkers, railway
55	55	terminals and sidetracks, or any other facilities or aids
56	56	whatsoever to navigation or commerce. Said lands shall be used by
57	57	the authority, or its successors, solely for the establishment,
58	58	improvement and conduct of a [an] harbor and ship channel and for
59	59	the construction, maintenance and operation [thereon] of any
60	60	facilities or aids whatsoever related to the same, and the
61	61	authority, or its successors, shall not at any time, grant, convey,
62	62	give or alien said lands or any part thereof, to any individual,
63	63	firm or corporation for any purpose whatsoever; provided, that the
64	64	authority, or its successors, may grant franchises thereon for
65	65	limited periods of time for wharves, and other public uses and
66	66	purposes, and may lease said lands and facilities or any part
67	67	thereof for limited periods for purposes consistent with this
68	68	chapter, but no wharves, piers or structures of any kind shall be
69	69	constructed on said lands by anyone save the authority, except
70	70	under a franchise or lease granted by the authority and in a manner
71	71	first prescribed by and approved of by the authority or its
72	72	successors.
73	73	(c) For the purpose of carrying out the provisions of this
74	74	section, the authority, or its successors, is hereby granted the
75	75	right, power and authority to abate and remove any and all
76	76	encroachments or structures of any kind now or hereafter existing
77	77	on said property, save such as may have been constructed under
78	78	permit from the [United States War Department, or other] proper
79	79	Federal authority, and shall have the right to bring such suit or
80	80	suits as may be necessary to carry out the provisions of this
81	81	section to the same extent and as fully and completely as the right
82	82	to bring such a suit or suits existed in the State prior to the
83	83	passage hereof.
84	84	SECTION 3. The heading to Section 5007.006, Special
85	85	District Local Laws Code, is amended to read as follows:
86	86	Sec. 5007.006. REVENUE OBLIGATIONS; CERTAIN POWERS; FEES
87	87	AND CHARGES; FACILITIES [GRAIN ELEVATORS]; TAXATION EXEMPTION;
88	88	REFUNDING BONDS; CERTAIN BOND PROVISIONS.
89	89	SECTION 4. Sections 5007.006(d), (e), (g), (j), (m), and
90	90	(r), Special District Local Laws Code, are amended to read as
91	91	follows:
92	92	(d) Such obligations shall not constitute an indebtedness
93	93	or pledge of the credit of the authority, and the holders thereof
94	94	shall never have the right to demand payment thereof out of any
95	95	funds raised or to be raised by taxation, and such obligations shall
96	96	contain a recital to that effect. All obligations issued hereunder
97	97	shall be in registered or coupon form, and if in coupon form may be
98	98	registerable as to principal only, or as to both principal and
99	99	interest, shall bear interest at a rate not to exceed the amount
100	100	allowed by law, payable annually or semiannually, and shall be in
101	101	such denominations and shall mature serially or at one time not more
102	102	than forty (40) years from their date in such manner as may be
103	103	provided by the port commission. Principal of and interest on such
104	104	obligations shall be made payable at any place or places within or
105	105	without the State of Texas, and in the discretion of the port
106	106	commission such obligations may be made callable and/or refundable
107	107	at the option of the port commission prior to maturity at such
108	108	premium or premiums as the port commission shall determine. Such
109	109	obligations shall be signed by the manual or facsimile signatures
110	110	of the chair of the port commission [Chairman] and the executive
111	111	director [of the port commission] as may be provided in the
112	112	proceedings authorizing said obligations, and the interest coupons
113	113	attached thereto may also be executed by the facsimile signatures
114	114	of such officers. Such obligations shall be sold in such manner and
115	115	at such times as the port commission shall determine to be expedient
116	116	and necessary to the interests of the authority, provided, that in
117	117	no event shall such obligations be sold for a price which will
118	118	result in an interest yield therefrom of more than the amount
119	119	allowed by law computed to maturity according to standard bond
120	120	tables in general use by banks and insurance companies. Any premium
121	121	or premiums provided for the call or refunding of any bonds issued
122	122	pursuant to this Section shall not be included in the computation of
123	123	the maximum interest yield on such bonds. In the event of the
124	124	officers whose signatures are on such obligations or coupons shall
125	125	cease to be such officers before the delivery of such obligations to
126	126	the purchaser, such signature or signatures, nevertheless, shall be
127	127	valid and sufficient for all purposes. All obligations issued
128	128	hereunder shall constitute negotiable instruments under Chapter 3,
129	129	Business & Commerce Code.
130	130	(e) Any obligations issued hereunder may be issued payable
131	131	from and secured by the pledge of all the revenues derived from the
132	132	operation of the improvements and facilities of the authority,
133	133	exclusive of any revenues derived from taxation or assessments, or
134	134	may be payable from and secured by the pledge of only such revenues
135	135	as may be derived from the operation of the improvements and
136	136	facilities acquired or improved with the proceeds of the sale of
137	137	such obligations, or may be payable from and secured by the pledge
138	138	of a specified part of the revenues derived from the operation of
139	139	the improvements and facilities of the authority, all as may be
140	140	provided in the proceedings authorizing the issuance of such
141	141	obligations.
142	142	(g) The authority may adopt plans for the construction or
143	143	refinancing of a facility [grain elevator or elevators], to be paid
144	144	for by the issuance and sale of obligations payable from and secured
145	145	by a pledge of revenues to be derived from the operation of the
146	146	facility [said grain elevator] and further secured by a trust
147	147	indenture, or by a deed of trust on the physical properties of such
148	148	improvement; and during the time any such improvement is encumbered
149	149	by the pledge of such revenues and the lien upon its physical
150	150	properties, in the proceedings authorizing the bonds or the
151	151	indenture, may vest its management and control in a Board of
152	152	Trustees, to be named in such resolution or indenture, consisting
153	153	of not less than five (5) nor more than nine (9) members. The
154	154	compensation of the members of such Board of Trustees shall be fixed
155	155	by such resolution or indenture, but shall never exceed one percent
156	156	(1%) of the gross receipts of such improvement in any one (1) year.
157	157	The terms of office of the members of such Board of Trustees, their
158	158	powers and duties, including the power to fix fees and charges for
159	159	the use of such improvements, and the manner of exercising same, the
160	160	manner of the selection of their successors, and all matters
161	161	pertaining to their duties and the organization of such Board of
162	162	Trustees shall be specified in such resolution or indenture. Any
163	163	such Board of Trustees may adopt bylaws regulating the procedure of
164	164	the Board and fixing the duties of its officers, but the bylaws
165	165	shall not contain any provision in conflict with the covenants and
166	166	provisions contained in the resolution authorizing the bonds or the
167	167	indenture. In all matters wherein the resolution or indenture are
168	168	silent as to the powers, duties, obligations and procedure of the
169	169	Board, the laws and rules governing the port commission shall
170	170	control the Board of Trustees in so far as applicable. The Board
171	171	may be created by the resolution or indenture, and in that event
172	172	shall have all or any of the powers and authority which could be
173	173	exercised by the port commission in so far as the management and
174	174	operation of any such improvement is concerned. By the terms of any
175	175	such resolution or indenture the port commission may make provision
176	176	for later supplementing such resolution or indenture so as to vest
177	177	the management and control of the facility [such grain elevator] in
178	178	a Board of Trustees having the powers, rights and duties herein
179	179	conferred or imposed.
180	180	(j) As additional security for the payment of any
181	181	obligations issued hereunder, the port commission may in its
182	182	discretion have executed in favor of the holders of such
183	183	obligations an indenture or deed of trust mortgaging and
184	184	encumbering all or any part of the physical properties comprising
185	185	the improvements and facilities the net revenues of which are
186	186	pledged to the payment of such obligations, including the lands
187	187	upon which said improvements and facilities are located, and may
188	188	provide in such mortgage or encumbrance for a grant to any purchaser
189	189	or purchasers at foreclosure sale thereunder of a franchise or
190	190	lease to operate such improvements, facilities and properties for a
191	191	term of not over fifty (50) years from the date of such purchase,
192	192	subject to all laws regulating same then in force. Any such
193	193	indenture or deed of trust may contain such terms and provisions as
194	194	the port commission shall deem proper and shall be enforceable in
195	195	the manner provided by the laws of Texas for the enforcement of
196	196	other mortgages and encumbrances. Under any such sale ordered
197	197	pursuant to the provisions of such mortgage or encumbrance, the
198	198	purchaser or purchasers at such sale, and the purchaser's or
199	199	purchasers' [his or their] successors or assigns, shall be vested
200	200	with a permit or franchise conforming to the provisions stipulated
201	201	in the indenture or deed of trust to maintain and operate the
202	202	improvements, facilities and properties purchased at such sale with
203	203	like powers and privileges as may theretofore have been enjoyed by
204	204	the authority in the operation of said improvements, facilities and
205	205	properties. The purchaser or purchasers of such improvements,
206	206	facilities and properties at any such sale, and the purchaser's
207	207	[his or their] successors and assigns, may operate said
208	208	improvements, facilities and properties as provided in the last
209	209	above sentence or may at their option remove all or any part or
210	210	parts of said improvements, facilities and properties for diversion
211	211	to other purposes. The provisions of [Sections 61.164, 61.165, and
212	212	61.168, Water Code, and Chapter 134, Acts 1935, 44th Legislature,
213	213	Regular Session, as amended, and] any statute not included in this
214	214	chapter that relates [other Statutes relating] to the authorization
215	215	or execution of mortgages and encumbrances or the granting of
216	216	franchises or leases shall not be applicable to the authorization
217	217	or execution of any mortgage or encumbrance entered into pursuant
218	218	to the provisions of this chapter, nor to the granting of any
219	219	franchise or lease hereunder. Any obligations issued pursuant to
220	220	the provisions of this chapter and additionally secured by an
221	221	indenture or deed of trust as provided by this subsection, whether
222	222	such obligations are notes or certificates of indebtedness or
223	223	otherwise, and the record relating to their issuance, may, at the
224	224	option of the port commission, be submitted to the Attorney General
225	225	of Texas for the attorney general's [his] examination and approval,
226	226	as in the case of bonds, and after the Attorney General has approved
227	227	the same, such obligations shall be registered by the Comptroller
228	228	of Public Accounts of Texas; and after such obligations have been
229	229	approved by the Attorney General and registered by the Comptroller,
230	230	they shall thereafter be incontestable for any cause except for
231	231	forgery or fraud.
232	232	(m) The authority, in addition to the other powers
233	233	hereinabove set out, shall have general power and authority to make
234	234	and enter into all contracts, leases and agreements necessary or
235	235	convenient to the carrying out of any of the powers granted in this
236	236	chapter, which contracts, leases or agreements may be entered into
237	237	with any person, real or artificial, any corporation, municipal,
238	238	public or private, and the government or governmental agency,
239	239	including those of the United States and the State of Texas. Except
240	240	as provided by Chapter 60, Water Code, any [Any and all] contracts,
241	241	leases or agreements entered into pursuant hereto shall be approved
242	242	by action [resolution or order] of the port commission, and shall be
243	243	executed by the chair of the port commission [Chairman] and
244	244	attested by the executive director [thereof].
245	245	(r) This Section, without reference to other Statutes of the
246	246	State of Texas, shall constitute full authority for the
247	247	authorization and issuance of obligations hereunder and for the
248	248	accomplishment of all things herein authorized to be done, and no
249	249	proceedings relating to the authorization or issuance of such
250	250	obligations or the doing of such things shall be necessary except
251	251	such as are herein required, and no [neither the Bond and Warrant
252	252	Law of 1931 or any other] provisions of the Laws of the State of
253	253	Texas[,] pertinent to the authorization or issuance of obligations,
254	254	the operation and maintenance of ports, canals and waterways, the
255	255	granting of franchise, permits, or leases, the right to elections
256	256	or referendum petitions, shall in anywise impede or restrict the
257	257	carrying out of the acts authorized to be done hereunder or acts
258	258	done pursuant hereto.
259	259	SECTION 5. Sections 5007.007(a-1), (n), (o), (p), and (q),
260	260	Special District Local Laws Code, are amended to read as follows:
261	261	(a-1) The authority is empowered and authorized to
262	262	exercise, in addition to all powers conferred by this section, all
263	263	powers conferred upon the authority by the law or laws under which
264	264	it was organized, and, in addition, shall have all of the powers and
265	265	jurisdiction conferred upon Districts originally organized under
266	266	Article XVI, Section 59, of the Constitution of the State of Texas,
267	267	including [and particularly] Subchapters B, H, and K, Chapter 60,
268	268	Water Code, and Sections 60.034 through 60.042, 61.075, 61.076,
269	269	61.082, 61.112, 61.115 through 61.117, 61.151 through 61.168,
270	270	61.172 through 61.174, and 61.176, Water Code, as amended, and
271	271	Articles 8248, 8249, 8250, 8251, 8252, 8253, 8254, 8255, 8256,
272	272	8257, and 8258, Revised Civil Statutes of Texas, 1925, as amended,
273	273	as well as Chapter 6, Acts, 1941, Forty-seventh Legislature, Page
274	274	8, as amended; Chapter 176, Acts, 1955, Fifty-fourth Legislature,
275	275	Page 554; Chapter 217, Acts, 1949, Fifty-first Legislature, Page
276	276	407; provided, that if there is any conflict or inconsistency
277	277	between said laws or any of them, and this chapter, then to the
278	278	extent of conflict or inconsistency, the provisions of this chapter
279	279	shall govern.
280	280	(n) The port commission shall provide all necessary
281	281	additional books for the use of the tax assessor-collector
282	282	[Assessor and Collector of taxes] and the Clerk of the
283	283	Commissioners Court of Harris County, Texas. The tax
284	284	assessor-collector [Tax Assessor] of [said] Harris County shall be
285	285	charged with the assessment of all property for taxation within the
286	286	authority and when ordered to do so by the Commissioners Court of
287	287	Harris County shall assess all property within the authority and
288	288	list the same for taxation in the books or rolls furnished the tax
289	289	assessor-collector [him] for said purposes, and return said books
290	290	or rolls at the same time when the tax assessor-collector [he]
291	291	returns the other books or rolls of the State and County Taxes for
292	292	correction and approval to the Commissioners Court of said County,
293	293	and if said Court shall find said books or rolls correct they shall
294	294	approve the same, and in all matters pertaining to the assessment of
295	295	property for taxation in the authority, the tax assessor-collector
296	296	[Tax Assessor] and appraisal review board [Board of Equalization]
297	297	of said County shall be authorized to act and shall be governed by
298	298	the laws of Texas for assessing and equalizing property for State
299	299	and County Taxes, except as herein provided. All taxes authorized
300	300	to be levied by this chapter shall be a lien upon the property upon
301	301	which said taxes are assessed, and said taxes may be paid and shall
302	302	mature and be paid at the time provided by the laws of this State for
303	303	the payment of State and County Taxes; and all the penalties
304	304	provided by the laws of this State for the nonpayment of State and
305	305	County Taxes shall apply to all taxes authorized to be levied by
306	306	this chapter. The tax assessor-collector [Tax Collector] of Harris
307	307	County shall be charged with the assessment rolls of the authority,
308	308	and is required to make collection of all taxes levied and assessed
309	309	against the property in said County and promptly pay over the same
310	310	to the Treasurer of the authority. The tax assessor-collector [Tax
311	311	Assessor-Collector] shall receive compensation for [such] services
312	312	[such compensation as the port commission and said Commissioners
313	313	Court shall agree upon;] and such compensation shall be paid as
314	314	provided by law [to the Officers' Salary Fund of the County]. The
315	315	bond of the tax assessor-collector [such Assessor-Collector] shall
316	316	stand as security for the proper performance of the [his] duties of
317	317	the tax assessor-collector [as Tax Assessor-Collector] of the
318	318	authority; or, if in the judgment of the port commission it be
319	319	necessary, an additional bond payable to the authority may be
320	320	required, and in all matters pertaining to the collection of taxes
321	321	levied under the provisions of this chapter, the tax
322	322	assessor-collector [Tax Collector] shall be authorized to act and
323	323	shall be governed by the laws of the State of Texas for the
324	324	collection of State and County Taxes, except as herein provided;
325	325	and suits may be brought for the collection of said taxes and the
326	326	enforcement of the tax liens created by this chapter. It shall be
327	327	the duty of the tax assessor-collector [Tax Collector] to make a
328	328	certified list of all delinquent property upon which the navigation
329	329	tax has not been paid, and return the same to the County
330	330	Commissioners Court, which shall proceed to have the same collected
331	331	by the sale of such delinquent property in the same manner, both by
332	332	suit and otherwise, as now or may be provided for the sale of
333	333	property for the collection of State and County Taxes; and, at the
334	334	sale of any property for any delinquent tax, the port commission may
335	335	become the purchasers of the same for the benefit of the authority.
336	336	Should the tax assessor-collector [said Tax Assessor and Collector]
337	337	fail or refuse to comply with the order of said Commissioners Court
338	338	requiring the tax assessor-collector [him] to assess and list for
339	339	taxation all the property in the authority, or fail or refuse to
340	340	give such additional bond or security as herein provided, the tax
341	341	assessor-collector [he] shall be suspended from further discharge
342	342	of the tax assessor-collector's [his] duties by the Commissioners
343	343	Court of said County, and the tax assessor-collector [he] shall be
344	344	removed from office in the mode prescribed by law for the removal of
345	345	county officers.
346	346	(o) The County Treasurer of Harris County shall be treasurer
347	347	of the authority, and [it] shall [be his duty to] open an account of
348	348	all moneys received by the treasurer [him] belonging to the
349	349	authority and all amounts paid out by the treasurer [him]. The
350	350	treasurer [He] shall deposit the funds of the authority in such
351	351	depository or depositories as may be designated by the port
352	352	commission in the manner provided by law [for the selection of a
353	353	county depository, and such depository so selected shall be the
354	354	depository of the authority for a period of two (2) years and until
355	355	its successor is selected and qualified]. Should the port
356	356	commission fail or refuse to select a depository such depository
357	357	shall be selected in like manner by the Commissioners Court. The
358	358	treasurer [The depository of the authority on April 29, 1957, shall
359	359	continue to be the depository of the authority until its successor
360	360	is selected and qualified as herein provided. He] shall pay out no
361	361	money except upon the conditions provided for in this chapter and
362	362	under other law[,] and [he] shall carefully preserve on file all
363	363	orders for the payment of money; and, as often as required by the
364	364	[said] Commissioners Court, [he] shall render a correct account to
365	365	them of all matters pertaining to the financial condition of the
366	366	authority. The treasurer [County Treasurer] shall execute a good
367	367	and sufficient bond, payable to the [port commissioners and to
368	368	their successors in office for the benefit of the] authority in an
369	369	amount to be fixed by the port commission, such bond to be
370	370	conditioned for the faithful performance of the [his] duties of the
371	371	[as] treasurer of the authority and to be approved by the port
372	372	commission; provided whenever any bonds are issued by the
373	373	authority, [the County Treasurer] before receiving the proceeds of
374	374	sale thereof the treasurer shall execute additional good and
375	375	sufficient bond payable to the port commission in an amount to be
376	376	fixed by the port commission, which bond shall likewise be
377	377	conditioned and approved as aforesaid, but such additional bond
378	378	shall not be required after such Treasurer shall have properly
379	379	disbursed the proceeds of such bond issue; and the treasurer
380	380	[County Treasurer] shall be allowed such compensation for [his]
381	381	services performed as treasurer of the authority as may be
382	382	determined by the port commission[, and such compensation shall be
383	383	paid to the Officers' Salary Fund of the County].
384	384	(p) The authority shall acquire, purchase, lease, maintain,
385	385	repair and operate facilities and equipment for preventing,
386	386	detecting, controlling, responding to, and fighting fires,
387	387	explosions, and hazardous material incidents on or adjacent to the
388	388	waterways, channels and turning basins within its jurisdiction,
389	389	including the Houston Ship Channel, and for the protection of life
390	390	and property from damage by fire, [and] explosion, and hazardous
391	391	material incidents. The authority shall promulgate and enforce
392	392	ordinances, rules and regulations for the promotion of the safety
393	393	of life and property on or adjacent to the waterways, channels and
394	394	turning basins within its jurisdiction, including the Houston Ship
395	395	Channel, from damages by fire, explosion, and hazardous material
396	396	incidents [and explosion thereon] in the manner provided by
397	397	Subchapter D, Chapter 60, Water Code. The powers and functions
398	398	herein authorized may be exercised both within and without the
399	399	corporate limits of any city, town or village situated within the
400	400	boundaries of the authority. This chapter shall be cumulative of
401	401	all other laws on the subject but in the event of conflict between
402	402	this chapter and any law of this state or any charter provision or
403	403	ordinance of any such city, town or village relating to the subject
404	404	matter of this chapter, the provisions of this chapter shall
405	405	control.
406	406	(q) The authority is authorized to acquire, purchase,
407	407	construct, enlarge, extend, repair, maintain, operate, or develop
408	408	traffic control facilities and everything appurtenant thereto,
409	409	together with all other facilities or aids incident to or useful in
410	410	the operation or development of the [authority's] ports and
411	411	waterways within the authority's jurisdiction, including the
412	412	Houston Ship Channel, or in aid of navigation and commerce thereon.
413	413	[The traffic control facilities shall be financed out of available
414	414	revenue and shall not utilize bond revenue funds.]
415	415	SECTION 6. Section 5007.010, Special District Local Laws
416	416	Code, is amended to read as follows:
417	417	Sec. 5007.010. NAME AND TITLE CHANGES. (a) Effective
418	418	August 30, 1971, the [The] name of the Harris County Houston Ship
419	419	Channel Navigation District of Harris County, Texas, is changed to
420	420	the Port of Houston Authority of Harris County, Texas.
421	421	(b) Effective August 30, 1971, the [The] name of the Board
422	422	of Navigation and the Canal Commissioners of the authority is
423	423	changed to the port commission, and the title of each member is port
424	424	commissioner.
425	425	(c) Effective August 30, 1971, the [The] title of general
426	426	manager of the authority is changed to executive director.
427	427	SECTION 7. Subchapter B, Chapter 5007, Special District
428	428	Local Laws Code, is amended by adding Section 5007.2065 to read as
429	429	follows:
430	430	Sec. 5007.2065. SERVICE ON FREIGHT RAIL DISTRICT BOARD.
431	431	The chair of the port commission may designate an officer or
432	432	employee of the authority to serve on behalf of the chair as a
433	433	director of a freight rail district created under Section 171.052,
434	434	Transportation Code.
435	435	SECTION 8. Section 5007.218, Special District Local Laws
436	436	Code, is amended to read as follows:
437	437	Sec. 5007.218. EXPENSE POLICY. The port commission shall
438	438	adopt an expense policy that includes:
439	439	(1) spending guidelines for meals, lodging, and
440	440	entertainment, including a process for handling and documenting
441	441	exceptions to the guidelines if business needs require an
442	442	exception;
443	443	(2) clear expense report protocols, including:
444	444	(A) the use of cash advances;
445	445	(B) the separation of reports from port
446	446	commissioners and authority employees; and
447	447	(C) clear lines of accountability for the
448	448	submission of reports; and
449	449	(3) a prohibition on the use of authority funds for a
450	450	meal for a port commissioner or an authority employee that is not
451	451	part of:
452	452	(A) approved travel for authority business;
453	453	(B) [or part of] a ceremonial or business-related
454	454	function with outside parties;
455	455	(C) an employee training program; or
456	456	(D) an event with the purpose of employee
457	457	recognition, seasonal celebration, or building morale.
458	458	SECTION 9. This Act takes effect immediately if it receives
459	459	a vote of two-thirds of all the members elected to each house, as
460	460	provided by Section 39, Article III, Texas Constitution. If this
461	461	Act does not receive the vote necessary for immediate effect, this
462	462	Act takes effect September 1, 2017.