TRANSPORTATION CODE
CHAPTER 55. FUNDING OF PORT SECURITY, PROJECTS, AND STUDIES
§ 55.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Committee" means the Port Authority Advisory
Committee.
(3) "Department" means the Texas Department of
Transportation.
(4) "Fund" means the port access account fund.
(5) "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.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.02, eff. June 21,
2003.
§ 55.002. PORT DEVELOPMENT FUNDING. (a) From money in
the fund, the department shall fund:
(1) port security, transportation, or facility
projects; and
(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 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) the acquisition of land to be used for port
purposes;
(7) the acquisition, improvement, enlargement, or
extension of existing port facilities; and
(8) environmental protection projects that:
(A) are required as a condition of a state,
federal, or local environmental permit or other form of approval;
(B) are necessary for the acquisition of spoil
disposal sites and improvements to existing and future spoil sites;
or
(C) 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,
after receiving recommendations from the committee and from the
department, shall approve projects or studies for funding based on
its review.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.03, eff. June 21,
2003.
§ 55.003. GIFTS AND GRANTS. The department may accept
gifts, grants, and donations from any source for the purposes of
this chapter.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
§ 55.004. AUDIT. The department may subject a project
that receives money under this chapter to a final audit.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.04, eff. June 21,
2003.
§ 55.005. PORT ACCESS ACCOUNT FUND. (a) The port
access account fund is an account in the general revenue fund.
(b) The following money shall be credited to the fund:
(1) money received from gifts, grants, and donations;
and
(2) interest earned on deposits and investments of the
fund.
(c) Money in the fund may be appropriated only to the
department to perform the department's powers and duties concerning
port transportation and economic development under this chapter and
to pay the department's expenses incurred under this chapter.
(d) The financial transactions of the fund are subject to
audit by the state auditor.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
§ 55.006. PORT AUTHORITY ADVISORY COMMITTEE. (a) The
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;
(2) three members who represent ports on the upper
Texas coast; and
(3) three members who represent ports on the lower
Texas coast.
(b) A committee member serves at the pleasure of the
commission.
(c) 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 2110.002, Government Code, does not apply to the
committee.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.05, eff. June 21,
2003.
§ 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.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.06, eff. June 21,
2003.
§ 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 port 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) increasing cruise passenger movements;
(E) increasing port revenues; and
(F) 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.
Added by Acts 2001, 77th Leg., ch. 1268, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 1325, § 18.07, eff. June 21,
2003.
§ 55.009. RULES. The commission shall adopt rules to
implement this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, § 18.08, eff. June 21,
2003.
