Texas 2019 - 86th Regular

Texas Senate Bill SB2223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2223
	1	+	By: Creighton S.B. No. 2223
	2	+	(Canales, Cain)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the efficient provision of pilot services by the board
6	8		of pilot commissioners for Harris County 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 66.016, Transportation Code, is amended
26	28		by adding Subsection (c) to read as follows:
27	29		(c) The board may adopt a rule under this chapter involving
28	30		ship movement strategies, including navigation safety guidelines,
29	31		for use by pilots in the navigable water in this state only on a
30	32		recommendation from not less than 80 percent of the pilots
31	33		authorized to operate under the board's jurisdiction.
32	34		SECTION 3. Section 66.017, Transportation Code, is amended
33	35		to read as follows:
34	36		Sec. 66.017. DUTIES. The board shall:
35	37		(1) establish the number of pilots necessary to
36	38		provide adequate pilot services for each Harris County port;
37	39		(2) accept applications for pilot licenses and
38	40		certificates and determine whether each applicant meets the
39	41		qualifications for a pilot;
40	42		(3) submit to the governor lists of applicants the
41	43		board finds to be qualified for appointment as pilots;
42	44		(4) establish pilotage rates;
43	45		(5) approve the locations for pilot stations;
44	46		(6) establish times during which pilot services will
45	47		be available;
46	48		(7) hear and determine complaints relating to the
47	49		conduct of pilots;
48	50		(8) recommend to the governor each pilot whose license
49	51		or certificate should not be renewed or should be revoked;
50	52		(9) adopt rules and issue orders to pilots or vessels
51	53		when necessary to secure efficient pilot services, including
52	54		minimizing the interference of two-way routes;
53	55		(10) institute investigations or hearings or both to
54	56		consider casualties, accidents, or other actions that violate this
55	57		chapter; and
56	58		(11) provide penalties to be imposed on a person who is
57	59		not a pilot for a Harris County port who pilots a vessel into or out
58	60		of the port if a pilot offered those services to the vessel.
59	61		SECTION 4. Subchapter B, Chapter 66, Transportation Code,
	62	+	is amended by adding Section 66.0171 to read as follows:
	63	+	Sec. 66.0171. ONE-WAY TRAFFIC. (a) In this section:
	64	+	(1) "One-way traffic" means a limitation on any part
	65	+	of the area where Galveston Bay reaches the Houston Ship Channel,
	66	+	including the channel immediately north of Morgan's Point, where
	67	+	the meeting, turnaround, and overtaking of any ships are
	68	+	prohibited.
	69	+	(2) "Port authority" means the Port of Houston
	70	+	Authority of Harris County, Texas.
	71	+	(b) Subject to Section 66.016(c), the board by rule shall
	72	+	adopt navigation guidelines for the transit of vessels under the
	73	+	board's jurisdiction.
	74	+	(c) Notwithstanding Section 66.016(c) and except as
	75	+	provided by Subsection (d), rules adopted under Subsection (b) may
	76	+	not authorize:
	77	+	(1) more than one vessel per week for which one-way
	78	+	traffic has been imposed to call on a port authority terminal at
	79	+	Bayport or Barbours Cut;
	80	+	(2) more than one vessel for which one-way traffic has
	81	+	been imposed to call on or depart from a port authority terminal at
	82	+	Bayport or Barbours Cut on the same day; or
	83	+	(3) the passage of a vessel calling on a port authority
	84	+	terminal at Bayport or Barbours Cut that is not capable of turning
	85	+	around within the turning basin that serves the port authority
	86	+	terminal on which the vessel calls.
	87	+	(d) Rules adopted under Subsection (c) do not apply to
	88	+	one-way traffic:
	89	+	(1) governed by an authorization issued by the United
	90	+	States Coast Guard, a dredging vessel, or a vessel operated by
	91	+	military forces personnel; or
	92	+	(2) that occurs between Morgan's Point and the Houston
	93	+	Turning Basin.
	94	+	(e) The executive director of the port authority is
	95	+	authorized to take any action necessary, including the execution
	96	+	and delivery of documents, to carry out this section.
	97	+	(f) This section expires August 31, 2021.
	98	+	SECTION 5. Subchapter B, Chapter 66, Transportation Code,
60	99		is amended by adding Section 66.0172 to read as follows:
61	100		Sec. 66.0172. EFFICIENT PILOT SERVICE; MAXIMUM VESSEL
62	101		LENGTH. (a) In this section:
63	102		(1) "Two-way route" means a directional route within
64	103		defined limits inside which two-way traffic is established, and
65	104		which is intended to improve safety in waters where navigation is
66	105		difficult.
67	106		(2) "Two-way traffic" means that traffic flow by all
68	107		vessels is permitted in opposing directions.
69	108		(b) Except as provided by Subsection (c), in order to ensure
70	109		safe and efficient pilot services, the maximum overall length of a
71	110		vessel, including the bulbous bow, that may be piloted within the
72	111		board's jurisdiction is 1,100 feet.
73	112		(c) Subject to Section 66.016(c), the board by rule may
74	113		authorize piloting a vessel with an overall length that exceeds the
75	114		maximum overall length provided by Subsection (b) if the board
76	115		determines that the proposed rules would allow two-way routes to be
77	116		maintained efficiently and two-way traffic to be conducted
78	117		efficiently. Before adopting a rule under this subsection, the
79	118		board must hold at least two public hearings. This subsection does
80	119		not apply to the adoption of rules governing vessel traffic between
81	120		Morgan's Point and the Houston Turning Basin.
82		-	SECTION 5. This Act takes effect September 1, 2019.
83		-	______________________________ ______________________________
84		-	President of the Senate Speaker of the House
85		-	I hereby certify that S.B. No. 2223 passed the Senate on
86		-	April 24, 2019, by the following vote: Yeas 29, Nays 2; and that
87		-	the Senate concurred in House amendment on May 23, 2019, by the
88		-	following vote: Yeas 29, Nays 2.
89		-	______________________________
90		-	Secretary of the Senate
91		-	I hereby certify that S.B. No. 2223 passed the House, with
92		-	amendment, on May 17, 2019, by the following vote: Yeas 139,
93		-	Nays 0, three present not voting.
94		-	______________________________
95		-	Chief Clerk of the House
96		-	Approved:
97		-	______________________________
98		-	Date
99		-	______________________________
100		-	Governor
	121	+	SECTION 6. (a) Except as provided by Subsection (b) of
	122	+	this section, this Act takes effect September 1, 2019.
	123	+	(b) Sections 1, 3, and 5 of this Act take effect September 1,
	124	+	2021.