Texas 2019 - 86th Regular

Texas House Bill HB4436 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R24329 SLB-D
2		-	By: Canales, Cain H.B. No. 4436
3		-	Substitute the following for H.B. No. 4436:
4		-	By: Thompson of Brazoria C.S.H.B. No. 4436
	1	+	86R11488 SLB-D
	2	+	By: Canales H.B. No. 4436
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the board of pilot commissioners for Harris County
10	8		ports.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 5007.209(b), Special District Local Laws
13	11		Code, is amended to read as follows:
14	12		(b) The training program must provide the person with
15	13		information regarding:
16	14		(1) the legislation that created the authority;
17	15		(2) the programs, functions, policies, rules, and
18	16		budget of the authority;
19	17		(3) the results of the most recent formal audit of the
20	18		authority;
21	19		(4) [the duties of the port commission as the board of
22	20		pilot commissioners for Harris County ports under Chapter 66,
23	21		Transportation Code;
24	22		[(5)] the requirements of laws relating to open
25	23		meetings, public information, administrative procedure, financial
26	24		disclosure, and conflicts of interest; and
27	25		(5) [(6)] any applicable ethics policies adopted by
28	26		the port commission or the Texas Ethics Commission.
29	27		SECTION 2. Section 66.002, Transportation Code, is amended
30		-	by adding Subdivision (5-a) and amending Subdivision (6) to read as
31		-	follows:
32		-	(5-a) "Pilot commissioner" means a member of the
33		-	board.
34		-	(6) "Pilot services" means acts of a pilot in
35		-	conducting a vessel through the navigable water in this state and
36		-	the ports in which the pilot is licensed or certified as a pilot,
37		-	and includes the adoption and implementation of ship movement
38		-	strategies, such as navigation safety guidelines, for use by pilots
39		-	in the navigable water in this state.
	28	+	by adding Subdivision (4-a) to read as follows:
	29	+	(4-a) "Pilot commissioner" means a member of the board.
40	30		SECTION 3. Section 66.011, Transportation Code, is amended
41	31		to read as follows:
42	32		Sec. 66.011. BOARD. The board of pilot commissioners for
43	33		the ports of Harris County is composed of seven pilot commissioners
44	34		appointed as follows:
45	35		(1) two pilot commissioners appointed by a majority of
46	36		the city council of the City of Houston;
47	37		(2) two pilot commissioners appointed by a majority of
48	38		the Harris County Commissioners Court;
49	39		(3) one pilot commissioner appointed by the city
50	40		council of the City of Pasadena, who must reside in the city of
51	41		Pasadena;
52	42		(4) one pilot commissioner appointed by a majority of
53	43		the Harris County Mayors' and Councils' Association, who must be a
54	44		resident of a municipality in Harris County that is located
55	45		adjacent to the Houston Ship Channel and has a population of less
56	46		than 100,000; and
57		-	(5) the chair of the ~~board~~, appointed as ~~described by~~
58		-	Section 66.0116 [the port commissioners of the Port of ~~Houston~~
59		-	Authority of Harris County, Texas].
	47	+	(5) the chair of the pilot commission, appointed as
	48	+	described by Section 66.0116 [the port commissioners of the Port of
	49	+	Houston Authority of Harris County, Texas].
60	50		SECTION 4. Subchapter B, Chapter 66, Transportation Code,
61	51		is amended by adding Sections 66.0115 and 66.0116 to read as
62	52		follows:
63	53		Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as
64	54		otherwise provided by Sections 66.011 and 66.0116, each pilot
65	55		commissioner must be a property taxpayer and a qualified voter in
66	56		Harris County.
67		-	(b) A person is not eligible for appointment to the board if
68		-	the person:
69		-	(1) has previously served the equivalent of at least
70		-	12 full years on the board; or
71		-	(2) is currently serving or has previously served as a
72		-	port commissioner for the Port of Houston Authority of Harris
73		-	County, Texas.
	57	+	(b) A person is not eligible for appointment to the pilot
	58	+	commission if the person has previously served the equivalent of at
	59	+	least 12 full years on the pilot commission.
74	60		(c) Not later than the 45th day after the date on which a
75	61		term expires or on which a vacancy on the board begins, the
76	62		appointing entity must appoint a new pilot commissioner. If the
77	63		appointing entity fails to make the appointment before the 45th
78	64		day, the office is considered an open position and the person
79	65		serving in that position is ineligible for reappointment to fill
80	66		the position, and:
81	67		(1) if the appointing entity is the city council of the
82	68		City of Houston, the city council of the City of Pasadena, or the
83	69		Harris County Mayors' and Councils' Association, the Harris County
84	70		Commissioners Court shall appoint a pilot commissioner to fill the
85	71		position; or
86	72		(2) if the appointing entity is the Harris County
87	73		Commissioners Court, the city council of the City of Houston shall
88	74		appoint a pilot commissioner to fill the position.
89	75		(d) If a second appointing entity under Subsection (c)(1) or
90	76		(2) fails to make an appointment before the 90th day after the date
91	77		on which the term expires or the vacancy begins:
92	78		(1) the office is considered an open position and the
93	79		person serving in that position is ineligible for reappointment to
94	80		fill the position; and
95	81		(2) the governor shall appoint a pilot commissioner to
96	82		fill the position with the advice and consent of the senate.
97	83		(e) If a vacancy occurs through death, resignation, or other
98	84		reason, the vacancy shall be filled in the manner provided for
99	85		making the original appointment and in accordance with Subsections
100	86		(c) and (d).
101	87		(f) The governor may appoint a pilot commissioner under
102	88		Subsection (d) only if the appointing entity under Subsection (c)
103	89		fails to make an appointment within the period described by this
104	90		section, and any subsequent appointment must be made by the
105	91		appropriate appointing entity.
106	92		Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of
107	93		Houston mayor and city council and the Harris County Commissioners
108		-	Court shall jointly appoint the chair of the ~~board~~ in ~~January of~~
109		-	odd-numbered years. The term of the chair expires on ~~February 1 of~~
110		-	each odd-numbered year.
	94	+	Court shall jointly appoint the chair of the pilot commission in
	95	+	January of odd-numbered years. The term of the chair expires on
	96	+	February 1 of each odd-numbered year.
111	97		(b) If the mayor, city council, and commissioners court do
112	98		not make an appointment within the period specified by this
113		-	section, the governor shall appoint the chair of the board with the
114		-	advice and consent of the senate. The governor may appoint the
115		-	chair only if the original appointing entities fail to make an
116		-	appointment within the period described by this section, and any
117		-	subsequent appointment must be made by the appointing entities.
118		-	(c) The person appointed as the chair of the board must
119		-	comply with the qualifications described by Section 61.160, Water
120		-	Code.
	99	+	section, the governor shall appoint the chair of the pilot
	100	+	commission with the advice and consent of the senate. The governor
	101	+	may appoint the chair only if the original appointing entities fail
	102	+	to make an appointment within the period described by this section,
	103	+	and any subsequent appointment must be made by the appointing
	104	+	entities.
	105	+	(c) The person appointed as the chair of the pilot
	106	+	commission must comply with the qualifications described by Section
	107	+	61.160, Water Code.
121	108		(d) On the second Monday of January in each odd-numbered
122	109		year, the City of Houston mayor and city council, the Harris County
123	110		Commissioners Court, and the Harris County judge shall hold a joint
124		-	meeting to appoint the chair of the board.
	111	+	meeting to appoint the chair of the pilot commission at the
	112	+	headquarters of the authority.
125	113		(e) In the meeting held under Subsection (d):
126	114		(1) each city council member and the mayor shall have
127	115		one vote; and
128	116		(2) each county commissioner and the county judge
129	117		shall have the mixed-fraction number of votes equal to the sum of
130	118		the number of city council members plus the mayor divided by the sum
131	119		of the number of county commissioners plus the county judge.
132	120		(f) The presence of individuals with a majority of the total
133	121		potential votes is required to establish a quorum at the meeting. A
134	122		separate quorum from each group, representing the city and the
135	123		county, is not required. The chair must be appointed by at least a
136	124		majority of the total potential votes, in any combination.
137	125		(g) In the event of a tie, the city council, mayor, county
138	126		commissioners, and county judge have three calendar days to
139	127		deliberate, convene a meeting, and revote. The period may be
140	128		extended to allow for compliance with Chapter 551, Government Code,
141	129		as it applies to the notice requirement for an open meeting. If a
142	130		second vote results in a tie:
143		-	(1) the office of the chair of the ~~board~~ is ~~considered~~
144		-	an open position and the person serving as the chair is ~~not eligible~~
145		-	for reappointment to fill the position; and
	131	+	(1) the office of the chair of the pilot commission is
	132	+	considered an open position and the person serving as the chair is
	133	+	not eligible for reappointment to fill the position; and
146	134		(2) the governor shall appoint the chair as provided
147	135		by Subsection (b).
148	136		SECTION 5. Section 66.014, Transportation Code, is amended
149	137		to read as follows:
150	138		Sec. 66.014. TERM OF OFFICE. Pilot commissioners other
151	139		than the chair serve staggered terms of two years that expire on
152	140		February 1. [A board member serves a term of office that coincides
153	141		with the member's term as a port commissioner.]
154		-	SECTION 6. Section 66.015, Transportation Code, is amended
155		-	to read as follows:
156		-	Sec. 66.015. JURISDICTION. The board has exclusive
157		-	jurisdiction over the regulation of pilots who provide pilot
158		-	services [piloting of vessels] in Harris County ports, including
159		-	intermediate stops and landing places for vessels on navigable
160		-	streams wholly or partially located in the board's jurisdiction.
161		-	SECTION 7. Section 66.016, Transportation Code, is amended
162		-	by adding Subsection (c) to read as follows:
163		-	(c) Rules under this chapter involving the adoption and
164		-	implementation of ship movement strategies, including navigation
165		-	safety guidelines, for use by pilots in the navigable water in this
166		-	state may be made by the board only on recommendation from not less
167		-	than 80 percent of the pilots authorized to operate under the
168		-	board's jurisdiction.
169		-	SECTION 8. Of the two pilot commissioners of the board of
	142	+	SECTION 6. Of the two pilot commissioners of the board of
170	143		pilot commissioners for the ports of Harris County appointed under
171	144		Sections 66.011(1) and (2), Transportation Code, as amended by this
172		-	Act, one pilot commissioner appointed under each subdivision serves
173		-	a term expiring in an even-numbered year and one serves a term
174		-	expiring in an odd-numbered year. The pilot commissioner of the
175		-	board of pilot commissioners for the ports of Harris County
176		-	appointed under Section 66.011(3), Transportation Code, as amended
177		-	by this Act, serves a term expiring in an odd-numbered year. The
178		-	pilot commissioner of the board of pilot commissioners for the
179		-	ports of Harris County appointed under Section 66.011(4),
180		-	Transportation Code, as amended by this Act, serves a term expiring
181		-	in an even-numbered year.
182		-	SECTION 9. This Act takes effect September 1, 2019.
	145	+	Act, one serves a term expiring in an even-numbered year and one
	146	+	serves a term expiring in an odd-numbered year. The pilot
	147	+	commissioner of the board of pilot commissioners for the ports of
	148	+	Harris County appointed under Section 66.011(3), Transportation
	149	+	Code, as amended by this Act, serves a term expiring in an
	150	+	odd-numbered year. The pilot commissioner of the board of pilot
	151	+	commissioners for the ports of Harris County appointed under
	152	+	Section 66.011(4), Transportation Code, as amended by this Act,
	153	+	serves a term expiring in an even-numbered year.
	154	+	SECTION 7. This Act takes effect September 1, 2019.