1 | 1 | | S.B. No. 1499 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the funding of certain port projects. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. The heading to Chapter 55, Transportation Code, |
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8 | 8 | | is amended to read as follows: |
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9 | 9 | | CHAPTER 55. FUNDING OF PORT DEVELOPMENT AND INFRASTRUCTURE |
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10 | 10 | | [SECURITY,] PROJECTS, PORT CONNECTIVITY PROJECTS, AND STUDIES |
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11 | 11 | | SECTION 2. Sections 55.001(4-a) and (5), Transportation |
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12 | 12 | | Code, are amended to read as follows: |
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13 | 13 | | (4-a) "Port connectivity [access improvement] |
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14 | 14 | | project" means the construction or improvement of public roadways |
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15 | 15 | | that will enhance connectivity to ports. |
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16 | 16 | | (5) "Port development and infrastructure [security, |
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17 | 17 | | transportation, or facility] project" means an infrastructure, |
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18 | 18 | | security, transportation, or facility [a] project that is necessary |
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19 | 19 | | or convenient for the proper operation of a maritime port and that |
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20 | 20 | | will improve the security, movement, and intermodal transportation |
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21 | 21 | | of cargo or passengers in commerce and trade. |
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22 | 22 | | SECTION 3. Section 55.002, Transportation Code, is amended |
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23 | 23 | | by amending Subsections (a), (c), and (e) and adding Subsection (f) |
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24 | 24 | | to read as follows: |
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25 | 25 | | (a) From money in the fund, the department shall fund: |
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26 | 26 | | (1) port development and infrastructure [security, |
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27 | 27 | | transportation, or facility] projects; and |
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28 | 28 | | (2) maritime port studies. |
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29 | 29 | | (c) Port development and infrastructure [security, |
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30 | 30 | | transportation, or facility] projects eligible for funding under |
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31 | 31 | | this chapter include: |
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32 | 32 | | (1) construction or improvement of transportation |
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33 | 33 | | facilities within the jurisdiction of a maritime port; |
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34 | 34 | | (2) the dredging or deepening of channels, turning |
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35 | 35 | | basins, or harbors; |
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36 | 36 | | (3) the construction or improvement of wharves, docks, |
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37 | 37 | | structures, jetties, piers, storage facilities, cruise terminals, |
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38 | 38 | | or [any] facilities necessary or useful, as determined by the |
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39 | 39 | | committee, in connection with maritime port transportation or |
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40 | 40 | | economic development; |
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41 | 41 | | (4) the construction or improvement of facilities |
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42 | 42 | | necessary or useful in providing maritime port security; |
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43 | 43 | | (5) the acquisition of container cranes or other |
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44 | 44 | | mechanized equipment used in the movement of cargo or passengers in |
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45 | 45 | | [international] commerce and trade; |
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46 | 46 | | (6) the acquisition of land to be used for maritime |
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47 | 47 | | port purposes; |
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48 | 48 | | (7) the acquisition, improvement, enlargement, or |
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49 | 49 | | extension of existing maritime port facilities; and |
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50 | 50 | | (8) environmental protection projects that: |
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51 | 51 | | (A) are required as a condition of a state, |
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52 | 52 | | federal, or local environmental permit or other form of approval; |
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53 | 53 | | (B) are necessary for the acquisition of spoil |
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54 | 54 | | disposal sites and improvements to existing and future spoil sites; |
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55 | 55 | | or |
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56 | 56 | | (C) result from the undertaking of eligible |
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57 | 57 | | projects. |
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58 | 58 | | (e) The commission may use money from the Texas Mobility |
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59 | 59 | | Fund to provide funding for a port connectivity [access |
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60 | 60 | | improvement] project. |
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61 | 61 | | (f) An applicant eligible for funding under this section may |
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62 | 62 | | not receive more than 20 percent of the total amount of money |
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63 | 63 | | appropriated to the department in a fiscal biennium to fund the |
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64 | 64 | | applicant's eligible projects under this section. |
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65 | 65 | | SECTION 4. Section 55.005, Transportation Code, as added by |
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66 | 66 | | Section 1, Chapter 1268 (S.B. 1282), Acts of the 77th Legislature, |
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67 | 67 | | Regular Session, 2001, is reenacted and amended to read as follows: |
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68 | 68 | | Sec. 55.005. PORT ACCESS ACCOUNT FUND. (a) The port access |
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69 | 69 | | account fund is an account in the general revenue fund. |
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70 | 70 | | (b) The following money shall be credited to the fund: |
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71 | 71 | | (1) money received from gifts, grants, and donations; |
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72 | 72 | | [and] |
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73 | 73 | | (2) interest earned on deposits and investments of the |
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74 | 74 | | fund; |
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75 | 75 | | (3) money appropriated to the fund by the legislature; |
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76 | 76 | | and |
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77 | 77 | | (4) money received from the federal government. |
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78 | 78 | | (c) Money in the fund may be appropriated only to the |
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79 | 79 | | department to perform the department's powers and duties concerning |
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80 | 80 | | maritime port transportation and economic development under this |
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81 | 81 | | chapter and to pay the department's expenses incurred under this |
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82 | 82 | | chapter, as approved by the committee. |
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83 | 83 | | (c-1) Money appropriated by the legislature under |
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84 | 84 | | Subsection (b)(3) may only be used to fund eligible port |
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85 | 85 | | development and infrastructure projects under Section 55.002. |
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86 | 86 | | (d) The financial transactions of the fund are subject to |
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87 | 87 | | audit by the state auditor. |
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88 | 88 | | SECTION 5. This Act takes effect September 1, 2023. |
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89 | 89 | | ______________________________ ______________________________ |
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90 | 90 | | President of the Senate Speaker of the House |
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91 | 91 | | I hereby certify that S.B. No. 1499 passed the Senate on |
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92 | 92 | | April 3, 2023, by the following vote: Yeas 31, Nays 0; and that the |
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93 | 93 | | Senate concurred in House amendment on May 16, 2023, by the |
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94 | 94 | | following vote: Yeas 31, Nays 0. |
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95 | 95 | | ______________________________ |
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96 | 96 | | Secretary of the Senate |
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97 | 97 | | I hereby certify that S.B. No. 1499 passed the House, with |
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98 | 98 | | amendment, on May 11, 2023, by the following vote: Yeas 131, |
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99 | 99 | | Nays 9, one present not voting. |
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100 | 100 | | ______________________________ |
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101 | 101 | | Chief Clerk of the House |
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102 | 102 | | Approved: |
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103 | 103 | | ______________________________ |
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104 | 104 | | Date |
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105 | 105 | | ______________________________ |
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106 | 106 | | Governor |
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