Texas 2019 - 86th Regular

Texas Senate Bill SB1915 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1915
	1	+	By: Alvarado S.B. No. 1915
	2	+	(Canales, Cain)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the board of pilot commissioners for Harris County
6	8		ports.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 5007.209(b), Special District Local Laws
9	11		Code, is amended to read as follows:
10	12		(b) The training program must provide the person with
11	13		information regarding:
12	14		(1) the legislation that created the authority;
13	15		(2) the programs, functions, policies, rules, and
14	16		budget of the authority;
15	17		(3) the results of the most recent formal audit of the
16	18		authority;
17	19		(4) [the duties of the port commission as the board of
18	20		pilot commissioners for Harris County ports under Chapter 66,
19	21		Transportation Code;
20	22		[(5)] the requirements of laws relating to open
21	23		meetings, public information, administrative procedure, financial
22	24		disclosure, and conflicts of interest; and
23	25		(5) [(6)] any applicable ethics policies adopted by
24	26		the port commission or the Texas Ethics Commission.
25	27		SECTION 2. Section 66.002, Transportation Code, is amended
26	28		by adding Subdivision (5-a) and amending Subdivision (6) to read as
27	29		follows:
28	30		(5-a) "Pilot commissioner" means a member of the
29	31		board.
30	32		(6) "Pilot services" means acts of a pilot in
31	33		conducting a vessel through the navigable water in this state and
32	34		the ports in which the pilot is licensed or certified as a pilot,
33	35		and includes the adoption and implementation of ship movement
34	36		strategies, such as navigation safety guidelines, for use by pilots
35	37		in the navigable water in this state.
36	38		SECTION 3. Section 66.011, Transportation Code, is amended
37	39		to read as follows:
38	40		Sec. 66.011. BOARD. The board of pilot commissioners for
39	41		the ports of Harris County is composed of nine pilot commissioners
40	42		appointed as follows:
41	43		(1) two pilot commissioners appointed by a majority of
42	44		the city council of the City of Houston;
43	45		(2) two pilot commissioners appointed by a majority of
44	46		the Harris County Commissioners Court;
45	47		(3) one pilot commissioner appointed by the city
46	48		council of the City of Pasadena, who must reside in the city of
47	49		Pasadena;
48	50		(4) one pilot commissioner appointed by a majority of
49	51		the Harris County Mayors' and Councils' Association, who must be a
50	52		resident of a municipality in Harris County that is located
51	53		adjacent to the Houston Ship Channel and has a population of less
52	54		than 100,000;
53	55		(5) two pilot commissioners appointed by the governor;
54	56		and
55	57		(6) the chair of the board, appointed as described by
56	58		Section 66.0116 [the port commissioners of the Port of Houston
57	59		Authority of Harris County, Texas].
58	60		SECTION 4. Subchapter B, Chapter 66, Transportation Code,
59	61		is amended by adding Sections 66.0115 and 66.0116 to read as
60	62		follows:
61	63		Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as
62	64		otherwise provided by Sections 66.011 and 66.0116, each pilot
63	65		commissioner must be a property tax payer and a qualified voter in
64	66		Harris County.
65	67		(b) A person is not eligible for appointment to the board if
66	68		the person:
67	69		(1) has previously served the equivalent of at least
68	70		12 full years on the board; or
69	71		(2) is currently serving or has previously served as a
70	72		port commissioner for the Port of Houston Authority of Harris
71	73		County, Texas.
72	74		(c) Not later than the 45th day after the date on which a
73	75		term expires or on which a vacancy on the board begins, the
74	76		appointing entity must appoint a new pilot commissioner. If the
75	77		appointing entity fails to make the appointment before the 45th
76	78		day, the office is considered an open position and the person
77	79		serving in that position is ineligible for reappointment to fill
78	80		the position, and:
79	81		(1) if the appointing entity is the city council of the
80	82		City of Houston, the city council of the City of Pasadena, or the
81	83		Harris County Mayors' and Councils' Association, the Harris County
82	84		Commissioners Court shall appoint a pilot commissioner to fill the
83	85		position; or
84	86		(2) if the appointing entity is the Harris County
85	87		Commissioners Court, the city council of the City of Houston shall
86	88		appoint a pilot commissioner to fill the position.
87	89		(d) If a second appointing entity under Subsection (c)(1) or
88	90		(2) fails to make an appointment before the 90th day after the date
89	91		on which the term expires or the vacancy begins:
90	92		(1) the office is considered an open position and the
91	93		person serving in that position is ineligible for reappointment to
92	94		fill the position; and
93	95		(2) the governor shall appoint a pilot commissioner to
94	96		fill the position with the advice and consent of the senate.
95	97		(e) If a vacancy occurs through death, resignation, or other
96	98		reason, the vacancy shall be filled in the manner provided for
97	99		making the original appointment and in accordance with Subsections
98	100		(c) and (d).
99	101		(f) The governor may appoint a pilot commissioner under
100	102		Subsection (d) only if the appointing entity under Subsection (c)
101	103		fails to make an appointment within the period described by this
102	104		section, and any subsequent appointment must be made by the
103	105		appropriate appointing entity.
104	106		Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of
105	107		Houston mayor and city council and the Harris County Commissioners
106	108		Court shall jointly appoint the chair of the board in January of
107	109		odd-numbered years. The term of the chair expires on February 1 of
108	110		each odd-numbered year.
109	111		(b) If the mayor, city council, and commissioners court do
110	112		not make an appointment within the period specified by this
111	113		section, the governor shall appoint the chair of the board with the
112	114		advice and consent of the senate. The governor may appoint the
113	115		chair only if the original appointing entities fail to make an
114	116		appointment within the period described by this section, and any
115	117		subsequent appointment must be made by the appointing entities.
116	118		(c) The person appointed as the chair of the board must
117	119		comply with the qualifications described by Section 61.160, Water
118	120		Code.
119	121		(d) On the second Monday of January in each odd-numbered
120	122		year, the City of Houston mayor and city council, the Harris County
121	123		Commissioners Court, and the Harris County judge shall hold a joint
122	124		meeting to appoint the chair of the board.
123	125		(e) In the meeting held under Subsection (d):
124	126		(1) each city council member and the mayor shall have
125	127		one vote; and
126	128		(2) each county commissioner and the county judge
127	129		shall have the mixed-fraction number of votes equal to the sum of
128	130		the number of city council members plus the mayor divided by the sum
129	131		of the number of county commissioners plus the county judge.
130	132		(f) The presence of individuals with a majority of the total
131	133		potential votes is required to establish a quorum at the meeting. A
132	134		separate quorum from each group, representing the city and the
133	135		county, is not required. The chair must be appointed by at least a
134	136		majority of the total potential votes, in any combination.
135	137		(g) In the event of a tie, the city council, mayor, county
136	138		commissioners, and county judge have three calendar days to
137	139		deliberate, convene a meeting, and revote. The period may be
138	140		extended to allow for compliance with Chapter 551, Government Code,
139	141		as it applies to the notice requirement for an open meeting. If a
140	142		second vote results in a tie:
141	143		(1) the office of the chair of the board is considered
142	144		an open position and the person serving as the chair is not eligible
143	145		for reappointment to fill the position; and
144	146		(2) the governor shall appoint the chair as provided
145	147		by Subsection (b).
146	148		SECTION 5. Section 66.014, Transportation Code, is amended
147	149		to read as follows:
148	150		Sec. 66.014. TERM OF OFFICE. Pilot commissioners other
149	151		than the chair serve staggered terms of two years that expire on
150	152		February 1. [A board member serves a term of office that coincides
151	153		with the member's term as a port commissioner.]
152	154		SECTION 6. Section 66.015, Transportation Code, is amended
153	155		to read as follows:
154	156		Sec. 66.015. JURISDICTION. The board has exclusive
155	157		jurisdiction over the regulation of pilots who provide pilot
156	158		services [piloting of vessels] in Harris County ports, including
157	159		intermediate stops and landing places for vessels on navigable
158	160		streams wholly or partially located in the board's jurisdiction.
159	161		SECTION 7. Section 66.016, Transportation Code, is amended
160	162		by adding Subsection (c) to read as follows:
161	163		(c) Rules under this chapter involving the adoption and
162	164		implementation of ship movement strategies, including navigation
163	165		safety guidelines, for use by pilots in the navigable water in this
164	166		state may be made only on a recommendation from not less than 80
165	167		percent of the pilots authorized to operate under the board's
166	168		jurisdiction.
167	169		SECTION 8. Of the two pilot commissioners of the board of
168	170		pilot commissioners for the ports of Harris County appointed under
169	171		Sections 66.011(1), (2), and (5), Transportation Code, as amended
170	172		by this Act, one pilot commissioner appointed under each
171	173		subdivision serves a term expiring in an even-numbered year and one
172	174		serves a term expiring in an odd-numbered year. The pilot
173	175		commissioner of the board of pilot commissioners for the ports of
174	176		Harris County appointed under Section 66.011(3), Transportation
175	177		Code, as amended by this Act, serves a term expiring in an
176	178		odd-numbered year. The pilot commissioner of the board of pilot
177	179		commissioners for the ports of Harris County appointed under
178	180		Section 66.011(4), Transportation Code, as amended by this Act,
179	181		serves a term expiring in an even-numbered year.
180	182		SECTION 9. This Act takes effect September 1, 2019.
181		-	______________________________ ______________________________
182		-	President of the Senate Speaker of the House
183		-	I hereby certify that S.B. No. 1915 passed the Senate on
184		-	April 23, 2019, by the following vote: Yeas 29, Nays 2.
185		-	______________________________
186		-	Secretary of the Senate
187		-	I hereby certify that S.B. No. 1915 passed the House on
188		-	May 16, 2019, by the following vote: Yeas 136, Nays 4,
189		-	three present not voting.
190		-	______________________________
191		-	Chief Clerk of the House
192		-	Approved:
193		-	______________________________
194		-	Date
195		-	______________________________
196		-	Governor