| 1 | 1 | | 85R11282 AAF-F |
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| 2 | 2 | | By: Taylor of Galveston S.B. No. 1029 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the powers and duties of the board of pilot |
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| 8 | 8 | | commissioners for certain ports. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 66.016(b), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) The board may adopt rules to carry out this chapter, |
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| 13 | 13 | | including rules for conducting hearings. |
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| 14 | 14 | | SECTION 2. Subchapter B, Chapter 66, Transportation Code, |
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| 15 | 15 | | is amended by adding Section 66.0215 to read as follows: |
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| 16 | 16 | | Sec. 66.0215. SUBPOENAS. (a) The board may direct the |
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| 17 | 17 | | issuance of a subpoena commanding the person to whom it is directed |
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| 18 | 18 | | to produce and permit inspection and copying of designated |
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| 19 | 19 | | documents or tangible things in the possession, custody, or control |
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| 20 | 20 | | of that person. |
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| 21 | 21 | | (b) The board may file suit to enforce a subpoena issued |
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| 22 | 22 | | under this section, and an interested party may file suit for a |
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| 23 | 23 | | protective order or other relief in connection with the subpoena, |
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| 24 | 24 | | in a district court in Harris County or in a district court in the |
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| 25 | 25 | | county in which the subpoena is served. |
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| 26 | 26 | | (c) All subpoenas issued and suits filed under this section |
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| 27 | 27 | | shall be governed by the Texas Rules of Civil Procedure, including |
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| 28 | 28 | | Rules 176.1 through 176.8, and other law applicable to discovery in |
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| 29 | 29 | | civil litigation in the district courts of this state. |
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| 30 | 30 | | SECTION 3. Section 66.062(c), Transportation Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (c) The board shall set a hearing date not later than the |
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| 33 | 33 | | 45th day after the [within two weeks of] receipt of an application. |
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| 34 | 34 | | The board shall begin [hold] the hearing not earlier than the 20th |
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| 35 | 35 | | day and not later than the 60th [40th] day after the date the board |
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| 36 | 36 | | sets the hearing date. |
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| 37 | 37 | | SECTION 4. The heading to Section 66.063, Transportation |
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| 38 | 38 | | Code, is amended to read as follows: |
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| 39 | 39 | | Sec. 66.063. PILOT FINANCIAL REPORT; ADDITIONAL |
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| 40 | 40 | | INFORMATION. |
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| 41 | 41 | | SECTION 5. Section 66.063, Transportation Code, is amended |
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| 42 | 42 | | by amending Subsections (a) and (d) and adding Subsection (a-1) to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (a) Not later than a date established by the board [the 10th |
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| 45 | 45 | | day before the date set for a pilotage rate hearing], the pilots who |
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| 46 | 46 | | are licensed or certified to serve the port for which the rates are |
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| 47 | 47 | | being considered shall submit in writing to the board and to any |
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| 48 | 48 | | party designated by the board complete accounts of: |
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| 49 | 49 | | (1) all amounts received from performing pilot |
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| 50 | 50 | | services, organized by categories or classifications of rates, if |
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| 51 | 51 | | rates are set in that manner; |
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| 52 | 52 | | (2) all earnings from capital assets devoted to |
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| 53 | 53 | | providing pilot services; |
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| 54 | 54 | | (3) all expenses incurred in connection with |
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| 55 | 55 | | activities for which amounts described by Subdivisions (1) and (2) |
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| 56 | 56 | | were received and earned; and |
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| 57 | 57 | | (4) estimates of receipts and expenses anticipated to |
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| 58 | 58 | | result from the requested changes in pilotage rates. |
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| 59 | 59 | | (a-1) The date established by the board under Subsection (a) |
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| 60 | 60 | | may not be later than the 10th day before the date set for a pilotage |
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| 61 | 61 | | rate hearing. |
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| 62 | 62 | | (d) The board may require from any person relevant |
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| 63 | 63 | | additional information it considers necessary to determine a proper |
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| 64 | 64 | | pilotage rate. |
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| 65 | 65 | | SECTION 6. Section 66.065, Transportation Code, is amended |
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| 66 | 66 | | to read as follows: |
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| 67 | 67 | | Sec. 66.065. RATE DECISION. Not later than the 60th [10th] |
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| 68 | 68 | | day after the date of the completion of a hearing on an application |
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| 69 | 69 | | for a change in pilotage rates, the board shall publicly issue a |
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| 70 | 70 | | [written] decision that: |
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| 71 | 71 | | (1) grants or denies the application in whole or in |
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| 72 | 72 | | part; |
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| 73 | 73 | | (2) states the reasons for the decision; [and] |
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| 74 | 74 | | (3) states each new pilotage rate; and |
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| 75 | 75 | | (4) states the effective date for each new pilotage |
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| 76 | 76 | | rate. |
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| 77 | 77 | | SECTION 7. This Act takes effect immediately if it receives |
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| 78 | 78 | | a vote of two-thirds of all the members elected to each house, as |
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| 79 | 79 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 80 | 80 | | Act does not receive the vote necessary for immediate effect, this |
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| 81 | 81 | | Act takes effect September 1, 2017. |
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