By: Creighton, Hinojosa, Kolkhorst S.B. No. 28
(In the Senate - Filed March 3, 2017; March 6, 2017, read
first time and referred to Committee on Transportation;
March 27, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 27, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 28 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the financing of ports in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.001, Transportation Code, is amended
by adding Subdivision (4-a) to read as follows:
(4-a) "Port access improvement project" means the
construction or improvement of public roadways that will enhance
connectivity to ports.
SECTION 2. Section 55.002(e), Transportation Code, is
amended to read as follows:
(e) The commission may use money from the Texas Mobility
Fund to provide funding for a port access improvement project[,
including through a loan, for a port security project, a port
transportation project, or a project eligible for funding under
Subsection (c)].
SECTION 3. Section 55.006(a), Transportation Code, is
amended to read as follows:
(a) The committee consists of nine [seven] members
appointed by the commission. The members shall be appointed as
follows:
(1) one member from the Port of Houston Authority;
(2) three members who represent maritime ports on the
upper Texas coast; [and]
(3) three members who represent maritime ports on the
lower Texas coast;
(4) one member appointed by the lieutenant governor;
and
(5) one member appointed by the speaker of the house of
representatives.
SECTION 4. Subtitle A, Title 4, Transportation Code, is
amended by adding Chapter 56 to read as follows:
CHAPTER 56. FUNDING OF SHIP CHANNEL IMPROVEMENTS
Sec. 56.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Fund" means the ship channel improvement
revolving fund.
(3) "Navigation district" means a navigation district
created under Section 52, Article III, or Section 59, Article XVI,
Texas Constitution, and operating under Chapter 60, 61, 62, or 63,
Water Code.
Sec. 56.002. SHIP CHANNEL IMPROVEMENT REVOLVING FUND.
(a) The ship channel improvement revolving fund is an account in
the general revenue fund. The fund is administered by the
commission.
(b) The following money shall be credited to the fund:
(1) money the commission receives as a gift, grant, or
donation for a purpose of this chapter;
(2) money appropriated to the commission for the
purposes of this chapter;
(3) money received by the commission for the repayment
of a loan made by the program established under Section 56.003; and
(4) interest earned on deposits and investments of the
fund.
(c) Money in the fund may be appropriated only to the
commission for the purposes of administering the fund and the
program established under Section 56.003.
(d) The financial transactions of the fund are subject to
audit by the state auditor.
Sec. 56.003. REVOLVING LOAN PROGRAM. (a) The commission
by rule shall establish a revolving loan program to use money from
the fund to finance qualified projects for navigation districts.
(b) To be a qualified project, a project must:
(1) deepen or widen a ship channel;
(2) be authorized under a Water Resources Reform and
Development Act; and
(3) meet any other standards provided by commission
rule.
(c) A project for maintenance dredging is not a qualified
project under this section.
SECTION 5. 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, 2017.
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