Bill Text: TX HB4436 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the board of pilot commissioners for Harris County ports.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB4436 Detail]
Download: Texas-2019-HB4436-Comm_Sub.html
86R24329 SLB-D | |||
By: Canales, Cain | H.B. No. 4436 | ||
Substitute the following for H.B. No. 4436: | |||
By: Thompson of Brazoria | C.S.H.B. No. 4436 |
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relating to the board of pilot commissioners for Harris County | ||
ports. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5007.209(b), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the legislation that created the authority; | ||
(2) the programs, functions, policies, rules, and | ||
budget of the authority; | ||
(3) the results of the most recent formal audit of the | ||
authority; | ||
(4) [ |
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meetings, public information, administrative procedure, financial | ||
disclosure, and conflicts of interest; and | ||
(5) [ |
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the port commission or the Texas Ethics Commission. | ||
SECTION 2. Section 66.002, Transportation Code, is amended | ||
by adding Subdivision (5-a) and amending Subdivision (6) to read as | ||
follows: | ||
(5-a) "Pilot commissioner" means a member of the | ||
board. | ||
(6) "Pilot services" means acts of a pilot in | ||
conducting a vessel through the navigable water in this state and | ||
the ports in which the pilot is licensed or certified as a pilot, | ||
and includes the adoption and implementation of ship movement | ||
strategies, such as navigation safety guidelines, for use by pilots | ||
in the navigable water in this state. | ||
SECTION 3. Section 66.011, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 66.011. BOARD. The board of pilot commissioners for | ||
the ports of Harris County is composed of seven pilot commissioners | ||
appointed as follows: | ||
(1) two pilot commissioners appointed by a majority of | ||
the city council of the City of Houston; | ||
(2) two pilot commissioners appointed by a majority of | ||
the Harris County Commissioners Court; | ||
(3) one pilot commissioner appointed by the city | ||
council of the City of Pasadena, who must reside in the city of | ||
Pasadena; | ||
(4) one pilot commissioner appointed by a majority of | ||
the Harris County Mayors' and Councils' Association, who must be a | ||
resident of a municipality in Harris County that is located | ||
adjacent to the Houston Ship Channel and has a population of less | ||
than 100,000; and | ||
(5) the chair of the board, appointed as described by | ||
Section 66.0116 [ |
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SECTION 4. Subchapter B, Chapter 66, Transportation Code, | ||
is amended by adding Sections 66.0115 and 66.0116 to read as | ||
follows: | ||
Sec. 66.0115. QUALIFICATIONS; VACANCY. (a) Except as | ||
otherwise provided by Sections 66.011 and 66.0116, each pilot | ||
commissioner must be a property tax payer and a qualified voter in | ||
Harris County. | ||
(b) A person is not eligible for appointment to the board if | ||
the person: | ||
(1) has previously served the equivalent of at least | ||
12 full years on the board; or | ||
(2) is currently serving or has previously served as a | ||
port commissioner for the Port of Houston Authority of Harris | ||
County, Texas. | ||
(c) Not later than the 45th day after the date on which a | ||
term expires or on which a vacancy on the board begins, the | ||
appointing entity must appoint a new pilot commissioner. If the | ||
appointing entity fails to make the appointment before the 45th | ||
day, the office is considered an open position and the person | ||
serving in that position is ineligible for reappointment to fill | ||
the position, and: | ||
(1) if the appointing entity is the city council of the | ||
City of Houston, the city council of the City of Pasadena, or the | ||
Harris County Mayors' and Councils' Association, the Harris County | ||
Commissioners Court shall appoint a pilot commissioner to fill the | ||
position; or | ||
(2) if the appointing entity is the Harris County | ||
Commissioners Court, the city council of the City of Houston shall | ||
appoint a pilot commissioner to fill the position. | ||
(d) If a second appointing entity under Subsection (c)(1) or | ||
(2) fails to make an appointment before the 90th day after the date | ||
on which the term expires or the vacancy begins: | ||
(1) the office is considered an open position and the | ||
person serving in that position is ineligible for reappointment to | ||
fill the position; and | ||
(2) the governor shall appoint a pilot commissioner to | ||
fill the position with the advice and consent of the senate. | ||
(e) If a vacancy occurs through death, resignation, or other | ||
reason, the vacancy shall be filled in the manner provided for | ||
making the original appointment and in accordance with Subsections | ||
(c) and (d). | ||
(f) The governor may appoint a pilot commissioner under | ||
Subsection (d) only if the appointing entity under Subsection (c) | ||
fails to make an appointment within the period described by this | ||
section, and any subsequent appointment must be made by the | ||
appropriate appointing entity. | ||
Sec. 66.0116. APPOINTMENT OF CHAIR; TERM. (a) The City of | ||
Houston mayor and city council and the Harris County Commissioners | ||
Court shall jointly appoint the chair of the board in January of | ||
odd-numbered years. The term of the chair expires on February 1 of | ||
each odd-numbered year. | ||
(b) If the mayor, city council, and commissioners court do | ||
not make an appointment within the period specified by this | ||
section, the governor shall appoint the chair of the board with the | ||
advice and consent of the senate. The governor may appoint the | ||
chair only if the original appointing entities fail to make an | ||
appointment within the period described by this section, and any | ||
subsequent appointment must be made by the appointing entities. | ||
(c) The person appointed as the chair of the board must | ||
comply with the qualifications described by Section 61.160, Water | ||
Code. | ||
(d) On the second Monday of January in each odd-numbered | ||
year, the City of Houston mayor and city council, the Harris County | ||
Commissioners Court, and the Harris County judge shall hold a joint | ||
meeting to appoint the chair of the board. | ||
(e) In the meeting held under Subsection (d): | ||
(1) each city council member and the mayor shall have | ||
one vote; and | ||
(2) each county commissioner and the county judge | ||
shall have the mixed-fraction number of votes equal to the sum of | ||
the number of city council members plus the mayor divided by the sum | ||
of the number of county commissioners plus the county judge. | ||
(f) The presence of individuals with a majority of the total | ||
potential votes is required to establish a quorum at the meeting. A | ||
separate quorum from each group, representing the city and the | ||
county, is not required. The chair must be appointed by at least a | ||
majority of the total potential votes, in any combination. | ||
(g) In the event of a tie, the city council, mayor, county | ||
commissioners, and county judge have three calendar days to | ||
deliberate, convene a meeting, and revote. The period may be | ||
extended to allow for compliance with Chapter 551, Government Code, | ||
as it applies to the notice requirement for an open meeting. If a | ||
second vote results in a tie: | ||
(1) the office of the chair of the board is considered | ||
an open position and the person serving as the chair is not eligible | ||
for reappointment to fill the position; and | ||
(2) the governor shall appoint the chair as provided | ||
by Subsection (b). | ||
SECTION 5. Section 66.014, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 66.014. TERM OF OFFICE. Pilot commissioners other | ||
than the chair serve staggered terms of two years that expire on | ||
February 1. [ |
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SECTION 6. Section 66.015, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 66.015. JURISDICTION. The board has exclusive | ||
jurisdiction over the regulation of pilots who provide pilot | ||
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intermediate stops and landing places for vessels on navigable | ||
streams wholly or partially located in the board's jurisdiction. | ||
SECTION 7. Section 66.016, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) Rules under this chapter involving the adoption and | ||
implementation of ship movement strategies, including navigation | ||
safety guidelines, for use by pilots in the navigable water in this | ||
state may be made by the board only on recommendation from not less | ||
than 80 percent of the pilots authorized to operate under the | ||
board's jurisdiction. | ||
SECTION 8. Of the two pilot commissioners of the board of | ||
pilot commissioners for the ports of Harris County appointed under | ||
Sections 66.011(1) and (2), Transportation Code, as amended by this | ||
Act, one pilot commissioner appointed under each subdivision serves | ||
a term expiring in an even-numbered year and one serves a term | ||
expiring in an odd-numbered year. The pilot commissioner of the | ||
board of pilot commissioners for the ports of Harris County | ||
appointed under Section 66.011(3), Transportation Code, as amended | ||
by this Act, serves a term expiring in an odd-numbered year. The | ||
pilot commissioner of the board of pilot commissioners for the | ||
ports of Harris County appointed under Section 66.011(4), | ||
Transportation Code, as amended by this Act, serves a term expiring | ||
in an even-numbered year. | ||
SECTION 9. This Act takes effect September 1, 2019. |