Bill Text: TX HB3456 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the powers of a board of trustees of harbor and port facilities of certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-18 - Referred to Transportation [HB3456 Detail]
Download: Texas-2011-HB3456-Introduced.html
By: Eiland | H.B. No. 3456 |
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relating to the powers of a board of trustees of harbor and port | ||
facilities of certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Transportation Code, is amended by | ||
adding a SUBCHAPTER E., to read as follows: | ||
SUBCHAPTER E. CONCESSION TRANSACTIONS | ||
Sec. 54.201. DEFINITIONS. In this subchapter: | ||
(1) "Concession agreement" means a written agreement | ||
between a municipality or board and a private entity providing for | ||
long term operation, management, and control of a port improvement | ||
or facility by the private entity. | ||
Sec. 54.202. TRANSACTION AUTHORIZED; LIMITATION ON TERM. | ||
(a) Notwithstanding any law or charter provision to the contrary, a | ||
municipality or board may enter into a concession agreement | ||
containing any provision the municipality or board determines | ||
advantageous, including a provision permitting the private entity | ||
to: | ||
(1) fix and levy dockage or wharfage; | ||
(2) establish and enforce rules and regulations in the | ||
operation of the port improvement or facility; or | ||
(3) maintain and publish rates and charges relating to | ||
the operation of the port improvement or facility. | ||
(b) The approval of a concession agreement by a municipality | ||
or board is a public and governmental function, is exercised for a | ||
public purpose, and is a matter of public necessity. | ||
(c) A concession agreement entered into by a board may be | ||
for a term longer than 75 years only if the governing body of the | ||
municipality by ordinance approves the longer term. | ||
SECTION 2. This act takes effect September 1, 2011. |