86R26621 SLB-F
By: Canales, Cain H.B. No. 4445
Substitute the following for H.B. No. 4445:
By: Martinez C.S.H.B. No. 4445
A BILL TO BE ENTITLED
AN ACT
relating to the safe and efficient provision of pilot services by
the board of pilot commissioners for Harris County ports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5007.209(b), Special District Local Laws
Code, is amended to read as follows:
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the authority;
(2) the programs, functions, policies, rules, and
budget of the authority;
(3) the results of the most recent formal audit of the
authority;
(4) [the duties of the port commission as the board of
pilot commissioners for Harris County ports under Chapter 66,
Transportation Code;
[(5)] the requirements of laws relating to open
meetings, public information, administrative procedure, financial
disclosure, and conflicts of interest; and
(5) [(6)] any applicable ethics policies adopted by
the port commission or the Texas Ethics Commission.
SECTION 2. Section 66.017, Transportation Code, is amended
to read as follows:
Sec. 66.017. DUTIES. The board shall:
(1) establish the number of pilots necessary to
provide adequate pilot services for each Harris County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) submit to the governor lists of applicants the
board finds to be qualified for appointment as pilots;
(4) establish pilotage rates;
(5) approve the locations for pilot stations;
(6) establish times during which pilot services will
be available;
(7) hear and determine complaints relating to the
conduct of pilots;
(8) recommend to the governor each pilot whose license
or certificate should not be renewed or should be revoked;
(9) adopt rules and issue orders to pilots or vessels
when necessary to secure efficient pilot services, including
minimizing the interference of two-way routes;
(10) institute investigations or hearings or both to
consider casualties, accidents, or other actions that violate this
chapter; and
(11) provide penalties to be imposed on a person who is
not a pilot for a Harris County port who pilots a vessel into or out
of the port if a pilot offered those services to the vessel.
SECTION 3. Subchapter B, Chapter 66, Transportation Code,
is amended by adding Section 66.0171 to read as follows:
Sec. 66.0171. ONE-WAY TRAFFIC. (a) In this section:
(1) "One-way traffic" means a limitation on an area
imposed by the board where the meeting, turnaround, and overtaking
of ships are prohibited.
(2) "Port authority" means the Port of Houston
Authority of Harris County, Texas.
(b) The board may not impose one-way traffic for more than
one vessel per week.
(c) A vessel for which one-way traffic is imposed:
(1) may not call and depart from a port authority
terminal on the same day; and
(2) must be capable of turning around within the
turning basin serving the applicable port authority terminal.
(d) The executive director of the port authority is
authorized to take any action necessary, including the execution
and delivery of documents, to carry out this section.
(e) The limitation in Subsection (b) does not apply to
one-way traffic governed by an authorization issued by the United
States Coast Guard for a dredging vessel or vessel operated by
military forces personnel.
(f) This section expires August 31, 2021.
SECTION 4. Subchapter B, Chapter 66, Transportation Code,
is amended by adding Section 66.0172 to read as follows:
Sec. 66.0172. EFFICIENT PILOT SERVICE; MAXIMUM VESSEL
LENGTH. (a) In this section:
(1) "Two-way route" means a directional route within
defined limits inside which two-way traffic is established, and
which is intended to improve safety in waters where navigation is
difficult.
(2) "Two-way traffic" means that traffic flow by all
vessels is permitted in opposing directions.
(b) Except as provided by Subsection (c), in order to ensure
safe and efficient pilot services, the maximum overall length of a
vessel, including the bulbous bow, that may be piloted within the
board's jurisdiction is 1,100 feet.
(c) The board may adopt rules authorizing the piloting of
vessels with a maximum overall length that exceeds the length
provided for in Subsection (b) if the board determines, upon
recommendation from not less than 80 percent of the pilots
authorized to operate under the board's jurisdiction, that two-way
routes may safely and efficiently be maintained and that two-way
traffic may safely and efficiently be conducted.
(d) Any rules adopted under Subsection (c) must establish
the maximum overall vessel length that may be piloted in a manner
that maintains safe and efficient two-way routes and safe and
efficient two-way traffic as recommended by not less than 80
percent of the pilots authorized to operate under the board's
jurisdiction.
(e) Before adopting any rules under Subsection (c), the
board must conduct at least two public hearings.
SECTION 5. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2019.
(b) Sections 1, 2, and 4 of this Act take effect September 1,
2021.