| 1 | 1 | | 88R15063 SRA-F |
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| 2 | 2 | | By: Canales H.B. No. 2605 |
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| 3 | 3 | | Substitute the following for H.B. No. 2605: |
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| 4 | 4 | | By: Canales C.S.H.B. No. 2605 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the funding of certain port projects. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Chapter 55, Transportation Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | CHAPTER 55. FUNDING OF PORT DEVELOPMENT AND INFRASTRUCTURE |
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| 14 | 14 | | [SECURITY,] PROJECTS, PORT CONNECTIVITY PROJECTS, AND STUDIES |
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| 15 | 15 | | SECTION 2. Sections 55.001(4-a) and (5), Transportation |
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| 16 | 16 | | Code, are amended to read as follows: |
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| 17 | 17 | | (4-a) "Port connectivity [access improvement] |
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| 18 | 18 | | project" means the construction or improvement of public roadways |
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| 19 | 19 | | that will enhance connectivity to ports. |
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| 20 | 20 | | (5) "Port development and infrastructure [security, |
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| 21 | 21 | | transportation, or facility] project" means an infrastructure, |
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| 22 | 22 | | security, transportation, or facility [a] project that is necessary |
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| 23 | 23 | | or convenient for the proper operation of a maritime port and that |
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| 24 | 24 | | will improve the security, movement, and intermodal transportation |
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| 25 | 25 | | of cargo or passengers in commerce and trade. |
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| 26 | 26 | | SECTION 3. Section 55.002, Transportation Code, is amended |
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| 27 | 27 | | by amending Subsections (a), (c), and (e) and adding Subsection (f) |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (a) From money in the fund, the department shall fund: |
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| 30 | 30 | | (1) port development and infrastructure [security, |
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| 31 | 31 | | transportation, or facility] projects; and |
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| 32 | 32 | | (2) maritime port studies. |
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| 33 | 33 | | (c) Port development and infrastructure [security, |
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| 34 | 34 | | transportation, or facility] projects eligible for funding under |
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| 35 | 35 | | this chapter include: |
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| 36 | 36 | | (1) construction or improvement of transportation |
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| 37 | 37 | | facilities within the jurisdiction of a maritime port; |
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| 38 | 38 | | (2) the dredging or deepening of channels, turning |
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| 39 | 39 | | basins, or harbors; |
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| 40 | 40 | | (3) the construction or improvement of wharves, docks, |
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| 41 | 41 | | structures, jetties, piers, storage facilities, cruise terminals, |
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| 42 | 42 | | or [any] facilities necessary or useful, as determined by the |
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| 43 | 43 | | committee, in connection with maritime port transportation or |
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| 44 | 44 | | economic development; |
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| 45 | 45 | | (4) the construction or improvement of facilities |
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| 46 | 46 | | necessary or useful in providing maritime port security; |
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| 47 | 47 | | (5) the acquisition of container cranes or other |
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| 48 | 48 | | mechanized equipment used in the movement of cargo or passengers in |
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| 49 | 49 | | [international] commerce and trade; |
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| 50 | 50 | | (6) the acquisition of land to be used for maritime |
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| 51 | 51 | | port purposes; |
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| 52 | 52 | | (7) the acquisition, improvement, enlargement, or |
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| 53 | 53 | | extension of existing maritime port facilities; and |
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| 54 | 54 | | (8) environmental protection projects that: |
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| 55 | 55 | | (A) are required as a condition of a state, |
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| 56 | 56 | | federal, or local environmental permit or other form of approval; |
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| 57 | 57 | | (B) are necessary for the acquisition of spoil |
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| 58 | 58 | | disposal sites and improvements to existing and future spoil sites; |
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| 59 | 59 | | or |
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| 60 | 60 | | (C) result from the undertaking of eligible |
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| 61 | 61 | | projects. |
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| 62 | 62 | | (e) The commission may use money from the Texas Mobility |
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| 63 | 63 | | Fund to provide funding for a port connectivity [access |
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| 64 | 64 | | improvement] project. |
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| 65 | 65 | | (f) An applicant eligible for funding under this section may |
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| 66 | 66 | | not receive more than 20 percent of the total amount of money |
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| 67 | 67 | | appropriated to the department in a fiscal biennium to fund |
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| 68 | 68 | | eligible projects under this section. |
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| 69 | 69 | | SECTION 4. Section 55.005, Transportation Code, is amended |
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| 70 | 70 | | by amending Subsections (b) and (c) and adding Subsection (c-1) to |
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| 71 | 71 | | read as follows: |
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| 72 | 72 | | (b) The following money shall be credited to the fund: |
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| 73 | 73 | | (1) money received from gifts, grants, and donations; |
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| 74 | 74 | | [and] |
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| 75 | 75 | | (2) interest earned on deposits and investments of the |
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| 76 | 76 | | fund; |
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| 77 | 77 | | (3) money appropriated to the fund by the legislature; |
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| 78 | 78 | | and |
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| 79 | 79 | | (4) money received from the federal government. |
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| 80 | 80 | | (c) Money in the fund may be appropriated only to the |
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| 81 | 81 | | department to perform the department's powers and duties concerning |
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| 82 | 82 | | maritime port transportation and economic development under this |
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| 83 | 83 | | chapter and to pay the department's expenses incurred under this |
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| 84 | 84 | | chapter, as approved by the committee. |
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| 85 | 85 | | (c-1) Money appropriated by the legislature under |
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| 86 | 86 | | Subsection (b)(3) may only be used to fund eligible port |
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| 87 | 87 | | development and infrastructure projects under Section 55.002. |
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| 88 | 88 | | SECTION 5. This Act takes effect September 1, 2023. |
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