ARTICLE 18. FUNDING OF PORT SECURITY, PROJECTS, AND STUDIES
SECTION 18.01. The heading to Chapter 55, Transportation
Code, is amended to read as follows:
CHAPTER 55. FUNDING OF PORT SECURITY, PROJECTS, AND STUDIES
[TEXAS PORT TRANSPORTATION AND ECONOMIC DEVELOPMENT FUNDING]
SECTION 18.02. Section 55.001, Transportation Code, is amended to read as follows:
Sec. 55.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Transportation Commission.
(2) "Committee" means the [Texas] Port Authority
[Transportation and Economic Development] Advisory Committee.
(3) [(2)] "Department" means the Texas Department of
Transportation [Economic Development].
(4) [(3)] "Fund" means the port access account fund.
(5) [(4)] "Port security, transportation, or facility project" means a project that is necessary or convenient for the proper operation of a port and that will improve the security,
movement, and intermodal transportation of cargo or passengers in commerce and trade.
SECTION 18.03. Section 55.002, Transportation Code, is amended to read as follows:
Sec. 55.002. [TEXAS] PORT [TRANSPORTATION AND ECONOMIC] DEVELOPMENT FUNDING. (a) From [Using only] money in the fund, the department shall fund:
(1) port security, transportation, or facility projects; and [or]
(2) port studies.
(b) The department may not fund a port security,
transportation, or facility project unless an amount at least equal to the amount provided by the department is invested in the [a] project by a port authority or navigation district.
(c) Port security, transportation, or facility projects eligible for funding under this chapter include:
(1) construction or improvement of transportation facilities within the jurisdiction of a port;
(2) the dredging or deepening of channels, turning basins, or harbors;
(3) the construction or improvement of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, or any facilities necessary or useful in connection with port transportation or economic development;
(4) the construction or improvement of facilities necessary or useful in providing port security;
(5) the acquisition of container cranes or other mechanized equipment used in the movement of cargo or passengers in international commerce;
(6) [(5)] the acquisition of land to be used for port purposes;
(7) [(6)] the acquisition, improvement, enlargement, or extension of existing port facilities; and
(8) [(7)] environmental protection projects that:
(A) are required as a condition of a state, federal, or local environmental permit or other form of [state] approval;
(B) are necessary for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or
(C) [that] result from the undertaking of eligible projects.
(d) The department, in consultation with the committee, shall review the list of projects recommended by the committee to evaluate the economic benefit of each project. The commission
[department], after receiving recommendations from [in consultation with] the committee and from the department, shall approve projects or studies for funding based on its review.
SECTION 18.04. Section 55.004, Transportation Code, is amended to read as follows:
Sec. 55.004. AUDIT. The department may subject a project that receives money under this chapter to a final audit. [The department may adopt rules and perform other acts necessary or convenient to ensure that the final audits are conducted and that any deficiency or questioned costs noted by the audit are
resolved.]
SECTION 18.05. Section 55.006, Transportation Code, is amended to read as follows:
Sec. 55.006. [TEXAS] PORT AUTHORITY [TRANSPORTATION AND ECONOMIC DEVELOPMENT] ADVISORY COMMITTEE. (a) The committee
[Texas Port Transportation and Economic Development Advisory Committee] consists of seven members appointed by the commission. The members shall be appointed as follows:
(1) one member from the Port of Houston Authority [a member of the governing body of each of the ports that are members of the Texas Ports Association or their designees]; [and]
(2) three members who represent ports on the upper Texas coast; and [as a nonvoting member, the executive director or the designee of the department]
(3) three members who represent ports on the lower Texas coast.
(b) A committee member serves at the pleasure of the commission [The committee shall develop bylaws under which it operates. The bylaws must specify the procedure by which the presiding officer of the committee is elected. A majority of voting members constitutes a quorum sufficient to conduct meetings and business of the committee. A vote of the majority of the voting members present is sufficient for any action of the committee, unless the bylaws of the committee require a greater vote for a particular action]. (c) [The committee shall meet at the call of its presiding officer, at the request of a majority of its membership, or at times prescribed in its bylaws.] The committee must meet at least semiannually.
(d) A member is not entitled to compensation for service on the committee but is entitled to reimbursement for reasonable expenses the member incurs in performing committee duties.
(e) Section [Sections] 2110.002 [and 2110.008], Government Code, does [do] not apply to the committee.
SECTION 18.06. Section 55.007, Transportation Code, is amended to read as follows:
Sec. 55.007. DUTIES OF COMMITTEE. The committee shall:
(1) prepare a port mission plan;
(2) review each project eligible to be funded under this chapter and make recommendations for approval or disapproval to the department;
(3) maintain trade data information that will assist ports in this state and international trade;
(4) annually prepare a list of projects that have been recommended by the committee, including:
(A) the recommended funding level for each
project; and
(B) if staged implementation of the project is appropriate, the funding requirements for each stage; and
(5) advise the commission and the department on matters relating to port authorities [adopt rules for evaluating projects that may be funded under this chapter, providing criteria for the evaluation of the economic benefit of the project, measured by the potential for the proposed project to increase:
[(A) cargo flow;
[(B) cruise passenger movement;
[(C) international commerce;
[(D) port revenues; and
[(E) the number of jobs for the port's local
community].
SECTION 18.07. Section 55.008, Transportation Code, is
amended to read as follows:
Sec. 55.008. CAPITAL PROGRAM. (a) The committee shall prepare a two-year port capital program defining the goals and objectives of the committee concerning the development of port facilities and an intermodal transportation system. The port capital program must include projects or studies submitted to the committee by any [each] port [that is a member of the committee] and recommendations for:
(1) the construction of transportation facilities connecting any port to another transportation mode; and
(2) the efficient, cost-effective development of transportation facilities or port facilities for the purpose of:
(A) enhancing international trade;
(B) enhancing security;
(C) promoting cargo flow;
(D) [(C)] increasing cruise passenger movements;
(E) [(D)] increasing port revenues; and
(F) [(E)] providing economic benefits to the
state.
(b) The committee shall update the port capital program annually and shall submit the capital program not later than February 1 of each year to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) the commission [department].
SECTION 18.08. Chapter 55, Transportation Code, is amended by adding Section 55.009 to read as follows:
Sec. 55.009. RULES. The commission shall adopt rules to implement this chapter.
SECTION 18.09. Chapter 53, Transportation Code, is repealed.
SECTION 18.10. This article takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this article takes effect September 1, 2003.
