Texas 2017 - 85th Regular

Texas House Bill HB1396 Compare Versions

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

Old	New	Differences
1	1	85R6240 JAM-F
2	2	By: Perez H.B. No. 1396
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of pilots in certain
8	8	ports.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 66.016(b), Transportation Code, is
11	11	amended to read as follows:
12	12	(b) The board may adopt rules to carry out this chapter,
13	13	including rules for conducting hearings and admitting evidence at
14	14	the hearings.
15	15	SECTION 2. Subchapter B, Chapter 66, Transportation Code,
16	16	is amended by adding Section 66.0215 to read as follows:
17	17	Sec. 66.0215. SUBPOENAS. (a) The board may issue a
18	18	subpoena to compel the attendance of a relevant witness or the
19	19	production, for inspection or copying, of relevant evidence that is
20	20	in this state.
21	21	(b) A subpoena may be served personally or by certified
22	22	mail.
23	23	(c) If a person fails to comply with a subpoena, the board
24	24	may file suit to enforce the subpoena in a district court in Harris
25	25	County.
26	26	(d) On finding that good cause exists for issuing the
27	27	subpoena, the court shall order the person to comply with the
28	28	subpoena. The court may punish a person who fails to obey the court
29	29	order.
30	30	(e) The board may delegate the authority granted under
31	31	Subsection (a) to the secretary of the board.
32	32	(f) The board shall pay a reasonable fee for photocopies
33	33	subpoenaed under this section in an amount not to exceed the amount
34	34	the board may charge for copies of its records.
35	35	(g) The reimbursement of the expenses of a witness whose
36	36	attendance is compelled under this section is governed by Section
37	37	2001.103, Government Code.
38	38	SECTION 3. Section 66.022, Transportation Code, is amended
39	39	to read as follows:
40	40	Sec. 66.022. JUDICIAL REVIEW. (a) Proceedings for
41	41	judicial review of a board decision shall be brought in a district
42	42	court in Harris County.
43	43	(b) Judicial review is by trial de novo.
44	44	SECTION 4. Section 66.062(c), Transportation Code, is
45	45	amended to read as follows:
46	46	(c) The board shall set a hearing date not later than the
47	47	45th day after the [within two weeks of] receipt of an application.
48	48	The board shall begin [hold] the hearing not earlier than the 20th
49	49	day and not later than the 60th [40th] day after the date the board
50	50	sets the hearing date.
51	51	SECTION 5. The heading to Section 66.063, Transportation
52	52	Code, is amended to read as follows:
53	53	Sec. 66.063. PILOT FINANCIAL REPORT; ADDITIONAL
54	54	INFORMATION.
55	55	SECTION 6. Section 66.063, Transportation Code, is amended
56	56	by amending Subsections (a) and (d) and adding Subsection (a-1) to
57	57	read as follows:
58	58	(a) Not later than a date established by the board [the 10th
59	59	day before the date set for a pilotage rate hearing], the pilots who
60	60	are licensed or certified to serve the port for which the rates are
61	61	being considered shall submit in writing to the board and to any
62	62	party designated by the board complete accounts of:
63	63	(1) all amounts received from performing pilot
64	64	services, organized by categories or classifications of rates, if
65	65	rates are set in that manner;
66	66	(2) all earnings from capital assets devoted to
67	67	providing pilot services;
68	68	(3) all expenses incurred in connection with
69	69	activities for which amounts described by Subdivisions (1) and (2)
70	70	were received and earned; and
71	71	(4) estimates of receipts and expenses anticipated to
72	72	result from the requested changes in pilotage rates.
73	73	(a-1) The date established by the board under Subsection (a)
74	74	may not be later than the 10th day before the date set for a pilotage
75	75	rate hearing.
76	76	(d) The board may require from any person relevant
77	77	additional information it considers necessary to determine a proper
78	78	pilotage rate.
79	79	SECTION 7. Section 66.065, Transportation Code, is amended
80	80	to read as follows:
81	81	Sec. 66.065. RATE DECISION. (a) Not later than the 60th
82	82	[10th] day after the date of the completion of a hearing on an
83	83	application for a change in pilotage rates, the board shall
84	84	publicly issue a [written] decision that:
85	85	(1) grants or denies the application in whole or in
86	86	part;
87	87	(2) states the reasons for the decision; [and]
88	88	(3) states each new pilotage rate; and
89	89	(4) states the effective date for each new pilotage
90	90	rate.
91	91	(b) Before the effective date of a new pilotage rate, the
92	92	board may continue or reopen the hearing at which the rate was
93	93	decided to reconsider the decision.
94	94	SECTION 8. Section 66.067, Transportation Code, is amended
95	95	to read as follows:
96	96	Sec. 66.067. APPEAL OF BOARD DECISION. (a) Any party
97	97	aggrieved by a board decision on pilotage rates, after exhausting
98	98	all administrative remedies, may appeal the order to a court.
99	99	(b) Judicial review is by trial de novo.
100	100	SECTION 9. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2017.