Texas 2017 85th Regular

Texas Senate Bill SB28 Engrossed / Bill

Filed 03/30/2017

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                    By: Creighton, et al. S.B. No. 28


 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
 appointed by the commission;
 (2)  three members who represent maritime ports on the
 upper Texas coast appointed by the commission; [and]
 (3)  three members who represent maritime ports on the
 lower Texas coast appointed by the commission;
 (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 by the United States Congress; 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.