Texas 2019 - 86th Regular

Texas Senate Bill SB2222 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	86R11488 SLB-D
1	2		By: Creighton S.B. No. 2222
2		-	(In the Senate - Filed March 8, 2019; March 21, 2019, read
3		-	first time and referred to Select Committee on Texas Ports;
4		-	April 15, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 0; April 15, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2222 By: Creighton
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the board of pilot commissioners for Harris County
14	8		ports.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 5007.209(b), Special District Local Laws
17	11		Code, is amended to read as follows:
18	12		(b) The training program must provide the person with
19	13		information regarding:
20	14		(1) the legislation that created the authority;
21	15		(2) the programs, functions, policies, rules, and
22	16		budget of the authority;
23	17		(3) the results of the most recent formal audit of the
24	18		authority;
25	19		(4) [the duties of the port commission as the board of
26	20		pilot commissioners for Harris County ports under Chapter 66,
27	21		Transportation Code;
28	22		[(5)] the requirements of laws relating to open
29	23		meetings, public information, administrative procedure, financial
30	24		disclosure, and conflicts of interest; and
31	25		(5) [(6)] any applicable ethics policies adopted by
32	26		the port commission or the Texas Ethics Commission.
33	27		SECTION 2. Section 66.002, Transportation Code, is amended
34		-	by adding Subdivision (5-a) and amending Subdivision (6) to read as
35		-	follows:
36		-	(5-a) "Pilot commissioner" means a member of the
37		-	board.
38		-	(6) "Pilot services" means acts of a pilot in
39		-	conducting a vessel through the navigable water in this state and
40		-	the ports in which the pilot is licensed or certified as a pilot,
41		-	and includes the adoption and implementation of ship movement
42		-	strategies, such as navigation safety guidelines, for use by pilots
43		-	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.
44	30		SECTION 3. Section 66.011, Transportation Code, is amended
45	31		to read as follows:
46	32		Sec. 66.011. BOARD. The board of pilot commissioners for
47		-	the ports of Harris County is composed of ~~nine~~ pilot commissioners
	33	+	the ports of Harris County is composed of seven pilot commissioners
48	34		appointed as follows:
49	35		(1) two pilot commissioners appointed by a majority of
50	36		the city council of the City of Houston;
51	37		(2) two pilot commissioners appointed by a majority of
52	38		the Harris County Commissioners Court;
53	39		(3) one pilot commissioner appointed by the city
54	40		council of the City of Pasadena, who must reside in the city of
55	41		Pasadena;
56	42		(4) one pilot commissioner appointed by a majority of
57	43		the Harris County Mayors' and Councils' Association, who must be a
58	44		resident of a municipality in Harris County that is located
59	45		adjacent to the Houston Ship Channel and has a population of less
60		-	than 100,000;
61		-	(5) two pilot commissioners appointed by the governor;
62		-	and
63		-	(6) the chair of the board, appointed as described by
64		-	Section 66.0116 [the port commissioners of the Port of Houston
65		-	Authority of Harris County, Texas].
	46	+	than 100,000; and
	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].
66	50		SECTION 4. Subchapter B, Chapter 66, Transportation Code,
67	51		is amended by adding Sections 66.0115 and 66.0116 to read as
68	52		follows:
69	53		Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as
70	54		otherwise provided by Sections 66.011 and 66.0116, each pilot
71	55		commissioner must be a property taxpayer and a qualified voter in
72	56		Harris County.
73		-	(b) A person is not eligible for appointment to the board if
74		-	the person:
75		-	(1) has previously served the equivalent of at least
76		-	12 full years on the board; or
77		-	(2) is currently serving or has previously served as a
78		-	port commissioner for the Port of Houston Authority of Harris
79		-	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.
80	60		(c) Not later than the 45th day after the date on which a
81	61		term expires or on which a vacancy on the board begins, the
82	62		appointing entity must appoint a new pilot commissioner. If the
83	63		appointing entity fails to make the appointment before the 45th
84	64		day, the office is considered an open position and the person
85	65		serving in that position is ineligible for reappointment to fill
86	66		the position, and:
87	67		(1) if the appointing entity is the city council of the
88	68		City of Houston, the city council of the City of Pasadena, or the
89	69		Harris County Mayors' and Councils' Association, the Harris County
90	70		Commissioners Court shall appoint a pilot commissioner to fill the
91	71		position; or
92	72		(2) if the appointing entity is the Harris County
93	73		Commissioners Court, the city council of the City of Houston shall
94	74		appoint a pilot commissioner to fill the position.
95	75		(d) If a second appointing entity under Subsection (c)(1) or
96	76		(2) fails to make an appointment before the 90th day after the date
97	77		on which the term expires or the vacancy begins:
98	78		(1) the office is considered an open position and the
99	79		person serving in that position is ineligible for reappointment to
100	80		fill the position; and
101	81		(2) the governor shall appoint a pilot commissioner to
102	82		fill the position with the advice and consent of the senate.
103	83		(e) If a vacancy occurs through death, resignation, or other
104	84		reason, the vacancy shall be filled in the manner provided for
105	85		making the original appointment and in accordance with Subsections
106	86		(c) and (d).
107	87		(f) The governor may appoint a pilot commissioner under
108	88		Subsection (d) only if the appointing entity under Subsection (c)
109	89		fails to make an appointment within the period described by this
110	90		section, and any subsequent appointment must be made by the
111	91		appropriate appointing entity.
112	92		Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of
113	93		Houston mayor and city council and the Harris County Commissioners
114		-	Court shall jointly appoint the chair of the ~~board~~ in ~~January of~~
115		-	odd-numbered years. The term of the chair expires on ~~February 1 of~~
116		-	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.
117	97		(b) If the mayor, city council, and commissioners court do
118	98		not make an appointment within the period specified by this
119		-	section, the governor shall appoint the chair of the board with the
120		-	advice and consent of the senate. The governor may appoint the
121		-	chair only if the original appointing entities fail to make an
122		-	appointment within the period described by this section, and any
123		-	subsequent appointment must be made by the appointing entities.
124		-	(c) The person appointed as the chair of the board must
125		-	comply with the qualifications described by Section 61.160, Water
126		-	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.
127	108		(d) On the second Monday of January in each odd-numbered
128	109		year, the City of Houston mayor and city council, the Harris County
129	110		Commissioners Court, and the Harris County judge shall hold a joint
130		-	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.
131	113		(e) In the meeting held under Subsection (d):
132	114		(1) each city council member and the mayor shall have
133	115		one vote; and
134	116		(2) each county commissioner and the county judge
135	117		shall have the mixed-fraction number of votes equal to the sum of
136	118		the number of city council members plus the mayor divided by the sum
137	119		of the number of county commissioners plus the county judge.
138	120		(f) The presence of individuals with a majority of the total
139	121		potential votes is required to establish a quorum at the meeting. A
140	122		separate quorum from each group, representing the city and the
141	123		county, is not required. The chair must be appointed by at least a
142	124		majority of the total potential votes, in any combination.
143	125		(g) In the event of a tie, the city council, mayor, county
144	126		commissioners, and county judge have three calendar days to
145	127		deliberate, convene a meeting, and revote. The period may be
146	128		extended to allow for compliance with Chapter 551, Government Code,
147	129		as it applies to the notice requirement for an open meeting. If a
148	130		second vote results in a tie:
149		-	(1) the office of the chair of the ~~board~~ is ~~considered~~
150		-	an open position and the person serving as the chair is ~~not eligible~~
151		-	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
152	134		(2) the governor shall appoint the chair as provided
153	135		by Subsection (b).
154	136		SECTION 5. Section 66.014, Transportation Code, is amended
155	137		to read as follows:
156	138		Sec. 66.014. TERM OF OFFICE. Pilot commissioners other
157	139		than the chair serve staggered terms of two years that expire on
158	140		February 1. [A board member serves a term of office that coincides
159	141		with the member's term as a port commissioner.]
160		-	SECTION 6. Section 66.015, Transportation Code, is amended
161		-	to read as follows:
162		-	Sec. 66.015. JURISDICTION. The board has exclusive
163		-	jurisdiction over the regulation of pilots who provide pilot
164		-	services [piloting of vessels] in Harris County ports, including
165		-	intermediate stops and landing places for vessels on navigable
166		-	streams wholly or partially located in the board's jurisdiction.
167		-	SECTION 7. Section 66.016, Transportation Code, is amended
168		-	by adding Subsection (c) to read as follows:
169		-	(c) Rules under this chapter involving the adoption and
170		-	implementation of ship movement strategies, including navigation
171		-	safety guidelines, for use by pilots in the navigable water in this
172		-	state may be made by the board only on recommendation from not less
173		-	than 80 percent of the pilots authorized to operate under the
174		-	board's jurisdiction.
175		-	SECTION 8. Of the two pilot commissioners of the board of
	142	+	SECTION 6. Of the two pilot commissioners of the board of
176	143		pilot commissioners for the ports of Harris County appointed under
177		-	Sections 66.011(1), (2), and (5), Transportation Code, as amended
178		-	by this Act, one pilot commissioner appointed under each
179		-	subdivision serves a term expiring in an even-numbered year and one
	144	+	Sections 66.011(1) and (2), Transportation Code, as amended by this
	145	+	Act, one serves a term expiring in an even-numbered year and one
180	146		serves a term expiring in an odd-numbered year. The pilot
181	147		commissioner of the board of pilot commissioners for the ports of
182	148		Harris County appointed under Section 66.011(3), Transportation
183	149		Code, as amended by this Act, serves a term expiring in an
184	150		odd-numbered year. The pilot commissioner of the board of pilot
185	151		commissioners for the ports of Harris County appointed under
186	152		Section 66.011(4), Transportation Code, as amended by this Act,
187	153		serves a term expiring in an even-numbered year.
188		-	SECTION 9. This Act takes effect September 1, 2019.
189		-	* * * * *
	154	+	SECTION 7. This Act takes effect September 1, 2019.