By: Alvarado S.B. No. 1915
(Canales, Cain)
A BILL TO BE ENTITLED
AN ACT
relating to 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 66.002, Transportation Code, is amended
by adding Subdivision (5-a) and amending Subdivision (6) to read as
follows:
(5-a) "Pilot commissioner" means a member of the
board.
(6) "Pilot services" means acts of a pilot in
conducting a vessel through the navigable water in this state and
the ports in which the pilot is licensed or certified as a pilot,
and includes the adoption and implementation of ship movement
strategies, such as navigation safety guidelines, for use by pilots
in the navigable water in this state.
SECTION 3. Section 66.011, Transportation Code, is amended
to read as follows:
Sec. 66.011. BOARD. The board of pilot commissioners for
the ports of Harris County is composed of nine pilot commissioners
appointed as follows:
(1) two pilot commissioners appointed by a majority of
the city council of the City of Houston;
(2) two pilot commissioners appointed by a majority of
the Harris County Commissioners Court;
(3) one pilot commissioner appointed by the city
council of the City of Pasadena, who must reside in the city of
Pasadena;
(4) one pilot commissioner appointed by a majority of
the Harris County Mayors' and Councils' Association, who must be a
resident of a municipality in Harris County that is located
adjacent to the Houston Ship Channel and has a population of less
than 100,000;
(5) two pilot commissioners appointed by the governor;
and
(6) the chair of the board, appointed as described by
Section 66.0116 [the port commissioners of the Port of Houston
Authority of Harris County, Texas].
SECTION 4. Subchapter B, Chapter 66, Transportation Code,
is amended by adding Sections 66.0115 and 66.0116 to read as
follows:
Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as
otherwise provided by Sections 66.011 and 66.0116, each pilot
commissioner must be a property tax payer and a qualified voter in
Harris County.
(b) A person is not eligible for appointment to the board if
the person:
(1) has previously served the equivalent of at least
12 full years on the board; or
(2) is currently serving or has previously served as a
port commissioner for the Port of Houston Authority of Harris
County, Texas.
(c) Not later than the 45th day after the date on which a
term expires or on which a vacancy on the board begins, the
appointing entity must appoint a new pilot commissioner. If the
appointing entity fails to make the appointment before the 45th
day, the office is considered an open position and the person
serving in that position is ineligible for reappointment to fill
the position, and:
(1) if the appointing entity is the city council of the
City of Houston, the city council of the City of Pasadena, or the
Harris County Mayors' and Councils' Association, the Harris County
Commissioners Court shall appoint a pilot commissioner to fill the
position; or
(2) if the appointing entity is the Harris County
Commissioners Court, the city council of the City of Houston shall
appoint a pilot commissioner to fill the position.
(d) If a second appointing entity under Subsection (c)(1) or
(2) fails to make an appointment before the 90th day after the date
on which the term expires or the vacancy begins:
(1) the office is considered an open position and the
person serving in that position is ineligible for reappointment to
fill the position; and
(2) the governor shall appoint a pilot commissioner to
fill the position with the advice and consent of the senate.
(e) If a vacancy occurs through death, resignation, or other
reason, the vacancy shall be filled in the manner provided for
making the original appointment and in accordance with Subsections
(c) and (d).
(f) The governor may appoint a pilot commissioner under
Subsection (d) only if the appointing entity under Subsection (c)
fails to make an appointment within the period described by this
section, and any subsequent appointment must be made by the
appropriate appointing entity.
Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of
Houston mayor and city council and the Harris County Commissioners
Court shall jointly appoint the chair of the board in January of
odd-numbered years. The term of the chair expires on February 1 of
each odd-numbered year.
(b) If the mayor, city council, and commissioners court do
not make an appointment within the period specified by this
section, the governor shall appoint the chair of the board with the
advice and consent of the senate. The governor may appoint the
chair only if the original appointing entities fail to make an
appointment within the period described by this section, and any
subsequent appointment must be made by the appointing entities.
(c) The person appointed as the chair of the board must
comply with the qualifications described by Section 61.160, Water
Code.
(d) On the second Monday of January in each odd-numbered
year, the City of Houston mayor and city council, the Harris County
Commissioners Court, and the Harris County judge shall hold a joint
meeting to appoint the chair of the board.
(e) In the meeting held under Subsection (d):
(1) each city council member and the mayor shall have
one vote; and
(2) each county commissioner and the county judge
shall have the mixed-fraction number of votes equal to the sum of
the number of city council members plus the mayor divided by the sum
of the number of county commissioners plus the county judge.
(f) The presence of individuals with a majority of the total
potential votes is required to establish a quorum at the meeting. A
separate quorum from each group, representing the city and the
county, is not required. The chair must be appointed by at least a
majority of the total potential votes, in any combination.
(g) In the event of a tie, the city council, mayor, county
commissioners, and county judge have three calendar days to
deliberate, convene a meeting, and revote. The period may be
extended to allow for compliance with Chapter 551, Government Code,
as it applies to the notice requirement for an open meeting. If a
second vote results in a tie:
(1) the office of the chair of the board is considered
an open position and the person serving as the chair is not eligible
for reappointment to fill the position; and
(2) the governor shall appoint the chair as provided
by Subsection (b).
SECTION 5. Section 66.014, Transportation Code, is amended
to read as follows:
Sec. 66.014. TERM OF OFFICE. Pilot commissioners other
than the chair serve staggered terms of two years that expire on
February 1. [A board member serves a term of office that coincides
with the member's term as a port commissioner.]
SECTION 6. Section 66.015, Transportation Code, is amended
to read as follows:
Sec. 66.015. JURISDICTION. The board has exclusive
jurisdiction over the regulation of pilots who provide pilot
services [piloting of vessels] in Harris County ports, including
intermediate stops and landing places for vessels on navigable
streams wholly or partially located in the board's jurisdiction.
SECTION 7. Section 66.016, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Rules under this chapter involving the adoption and
implementation of ship movement strategies, including navigation
safety guidelines, for use by pilots in the navigable water in this
state may be made only on a recommendation from not less than 80
percent of the pilots authorized to operate under the board's
jurisdiction.
SECTION 8. Of the two pilot commissioners of the board of
pilot commissioners for the ports of Harris County appointed under
Sections 66.011(1), (2), and (5), Transportation Code, as amended
by this Act, one pilot commissioner appointed under each
subdivision serves a term expiring in an even-numbered year and one
serves a term expiring in an odd-numbered year. The pilot
commissioner of the board of pilot commissioners for the ports of
Harris County appointed under Section 66.011(3), Transportation
Code, as amended by this Act, serves a term expiring in an
odd-numbered year. The pilot commissioner of the board of pilot
commissioners for the ports of Harris County appointed under
Section 66.011(4), Transportation Code, as amended by this Act,
serves a term expiring in an even-numbered year.
SECTION 9. This Act takes effect September 1, 2019.