Texas 2019 - 86th Regular

Texas House Bill HB4445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R26621 SLB-F
2		-	By: Canales, Cain H.B. No. 4445
3		-	Substitute the following for H.B. No. 4445:
4		-	By: Martinez C.S.H.B. No. 4445
	1	+	By: Canales H.B. No. 4445
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the safe and efficient provision of pilot services by
10	7		the Board of Pilot Commissioners for Harris County Ports.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 5007.209(b), Special District Local Laws
13	10		Code, is amended to read as follows:
14	11		(b) The training program must provide the person with
15	12		information regarding:
16	13		(1) the legislation that created the authority;
17	14		(2) the programs, functions, policies, rules, and
18	15		budget of the authority;
19	16		(3) the results of the most recent formal audit of the
20	17		authority;
21	18		(4) [the duties of the port commission as the board of
22	19		pilot commissioners for Harris County ports under Chapter 66,
23	20		Transportation Code;
24	21		[(5)] the requirements of laws relating to open
25	22		meetings, public information, administrative procedure, financial
26	23		disclosure, and conflicts of interest; and
27	24		(5) [(6)] any applicable ethics policies adopted by
28	25		the port commission or the Texas Ethics Commission.
29		-	SECTION 2. Section 66.017, Transportation Code, is amended
	26	+	SECTION 2. Section 66.002, Transportation Code, is amended
	27	+	by adding Subsections (6-a) and (6-b), to read as follows:
	28	+	(6-a) "Two-way route" means a directional route within
	29	+	defined limits inside which two-way traffic is established, and
	30	+	which is intended to improve safety in waters where navigation is
	31	+	difficult.
	32	+	(6-b) "Two-way traffic" means that traffic flow is
	33	+	permitted in opposing directions, but a vessel may not meet, cross,
	34	+	nor overtake any other vessel in such a manner that it would be
	35	+	abreast of more than one other vessel within the defined limits of a
	36	+	waterway.
	37	+	SECTION 3. Section 66.017, Transportation Code, is amended
30	38		to read as follows:
31	39		Sec. 66.017. DUTIES. The board shall:
32	40		(1) establish the number of pilots necessary to
33	41		provide adequate pilot services for each Harris County port;
34	42		(2) accept applications for pilot licenses and
35	43		certificates and determine whether each applicant meets the
36	44		qualifications for a pilot;
37	45		(3) submit to the governor lists of applicants the
38	46		board finds to be qualified for appointment as pilots;
39	47		(4) establish pilotage rates;
40	48		(5) approve the locations for pilot stations;
41	49		(6) establish times during which pilot services will
42	50		be available;
43	51		(7) hear and determine complaints relating to the
44	52		conduct of pilots;
45	53		(8) recommend to the governor each pilot whose license
46	54		or certificate should not be renewed or should be revoked;
47	55		(9) adopt rules and issue orders to pilots or vessels
48		-	when necessary to secure efficient pilot services, ~~including~~
49		-	minimizing the interference of two-way routes;
	56	+	when necessary to secure safe and efficient pilot services,
	57	+	including minimizing the interference of two-way routes;
50	58		(10) institute investigations or hearings or both to
51	59		consider casualties, accidents, or other actions that violate this
52	60		chapter; and
53	61		(11) provide penalties to be imposed on a person who is
54	62		not a pilot for a Harris County port who pilots a vessel into or out
55	63		of the port if a pilot offered those services to the vessel.
56		-	SECTION 3. Subchapter B, Chapter 66, Transportation Code,
	64	+	SECTION 4. Subchapter B. Chapter 66, Transportation Code,
57	65		is amended by adding Section 66.0171 to read as follows:
58		-	Sec. 66.0171. ONE-WAY TRAFFIC. (a) In this section:
59		-	(1) "One-way traffic" means a limitation on an area
60		-	imposed by the board where the meeting, turnaround, and overtaking
61		-	of ships are prohibited.
62		-	(2) "Port authority" means the Port of Houston
63		-	Authority of Harris County, Texas.
64		-	(b) The board may not impose one-way traffic for more than
65		-	one vessel per week.
66		-	(c) A vessel for which one-way traffic is imposed:
67		-	(1) may not call and depart from a port authority
68		-	terminal on the same day; and
69		-	(2) must be capable of turning around within the
70		-	turning basin serving the applicable port authority terminal.
71		-	(d) The executive director of the port authority is
72		-	authorized to take any action necessary, including the execution
73		-	and delivery of documents, to carry out this section.
74		-	(e) The limitation in Subsection (b) does not apply to
75		-	one-way traffic governed by an authorization issued by the United
76		-	States Coast Guard for a dredging vessel or vessel operated by
77		-	military forces personnel.
78		-	(f) This section expires August 31, 2021.
79		-	SECTION 4. Subchapter B, Chapter 66, Transportation Code,
80		-	is amended by adding Section 66.0172 to read as follows:
81		-	Sec. 66.0172. EFFICIENT PILOT SERVICE; MAXIMUM VESSEL
82		-	LENGTH. (a) In this section:
83		-	(1) "Two-way route" means a directional route within
84		-	defined limits inside which two-way traffic is established, and
85		-	which is intended to improve safety in waters where navigation is
86		-	difficult.
87		-	(2) "Two-way traffic" means that traffic flow by all
88		-	vessels is permitted in opposing directions.
89		-	(b) Except as provided by Subsection (c), in order to ensure
90		-	safe and efficient pilot services, the maximum overall length of a
91		-	vessel, including the bulbous bow, that may be piloted within the
92		-	board's jurisdiction is 1,100 feet.
93		-	(c) The board may adopt rules authorizing the piloting of
	66	+	Sec. 66.0171. EFFICIENT PILOT SERVICE; MAXIMUM VESSEL
	67	+	LENGTH. (a) Except as provided by subsection (b), in order to
	68	+	ensure safe and efficient pilot services, the maximum overall
	69	+	length of a vessel, including the bulbous bow, that may be piloted
	70	+	within the board's jurisdiction is 1,100 ft.
	71	+	(b) The board may issue rules authorizing the piloting of
94	72		vessels with a maximum overall length that exceeds the length
95		-	provided for in Subsection (b) if the board determines, upon
96		-	recommendation from not less than 80 percent of the pilots
97		-	authorized to operate under the board's jurisdiction, that two-way
98		-	routes may safely and efficiently be maintained and that two-way
99		-	traffic may safely and efficiently be conducted.
100		-	(d) Any rules adopted under Subsection (c) must establish
	73	+	provided for in subsection (a) if the board determines, upon
	74	+	recommendation from an association representing no less than fifty
	75	+	percent of the pilots authorized to operate under the board's
	76	+	jurisdiction, that two-way routes may safely and efficiently be
	77	+	maintained and that two-way traffic safely and efficiently be
	78	+	conducted.
	79	+	(c) Any rules adopted under subsection (b) must establish
101	80		the maximum overall vessel length that may be piloted in a manner
102	81		that maintains safe and efficient two-way routes and safe and
103		-	efficient two-way traffic as recommended by not less than 80
104		-	percent of the pilots authorized to operate under the board's
105		-	jurisdiction.
106		-	(e) Before adopting any rules under Subsection (c), the
107		-	board must conduct at least two public hearings.
108		-	SECTION 5. (a) Except as provided by Subsection (b) of this
109		-	section, this Act takes effect September 1, 2019.
110		-	(b) Sections 1, 2, and 4 of this Act take effect September 1,
111		-	2021.
	82	+	efficient two-way traffic as recommended by an association
	83	+	representing no less than fifty percent of the pilots authorized to
	84	+	operate under the board's jurisdiction.
	85	+	(d) Prior to issuing any rules under subsection (b), the
	86	+	board must conduct at least two public hearings