GUM C.S.H.B. 2532 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2532
By: Cuellar
Transportation
4/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Chapter 535, Acts of the 71st Legislature, Regular Session, 1989
(Article 1015g-6, V.T.C.S.), serves as the legal basis for establishing a
port authority in Laredo.  Reviews of data from maritime ports in Texas,
the United States, and some United States non-maritime inland ports suggest
that inland port authorities need expertise in the trucking industry, the
railroad industry, land use planning, and maquiladoras.  In addition,
because of Laredo's location, an inland port authority raises binational
issues.  C.S.H.B. 2532 creates the Laredo Port of Entry and Transportation
Authority, further defines the composition and appointment procedures of
the governing board, funding and purposes of the authority, and encourages
international cooperation among certain United States and Mexican entities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 1015g-6, V.T.C.S., as follows:

Sec. 1.  DEFINITIONS.  Expands the definition of "authority" to include
transportation.   

Sec.  2.  CREATION OF AUTHORITY.  (a)  Renames the authority as the
"Laredo Port of Entry and Transportation Authority." 

(b)  Provides that this subsection sets forth the jurisdiction of the
authority only if created by this section.  Makes nonsubstantive changes. 

Sec. 3.  BOARD.  (a) Makes no change.

(b)  Requires that of the voting board members, one be a representative of
the trucking industry, rather than of the transportation industry, and one
be a representative of the railroad industry, rather than an international
banker.  Adds text to require that one representative be a representative
of the airfreight industry, one be a representative of the county selected
by the governing body from a list of nominations submitted by the
Commissioners Court of Webb County, and one member be experienced in land
use planning.  Makes conforming changes. 

(f)  Makes a nonsubstantive change.

Section 4.  COMPENSATION.  Requires the governing body to pay reimbursement
under this section relating to the expenses incurred in the discharge of
duties as a member. 

Sec. 5.  PURPOSES.  (a)  Adds language to provide that this section applies
to any transport in the territory of the authority.  Deletes text
restricting application of this section to a transport entering the
authority by an international bridge.  Specifies that the collected rents
and fees under this section are for the use of any infrastructure,
improvement, or land owned,  created, or acquired by the authority or under
the authority's designated control.  Authorizes the authority to issue
revenue bonds on terms approved by the governing body.  Makes conforming
and nonsubstantive changes. 

(b)  Provides that development and promotion of international trade
includes acquisition and construction of any infrastructure improvements in
the territory of the authority that will facilitate transportation and
international trade.  Requires the authority to report and seek, rather
than to obtain, approval of each governing body before budgeting any money
for an expenditure. Makes conforming changes and nonsubstantive changes. 

(c)  Extends from the 15th day to the 16th day after the date of the
action, the date on which the action takes effect.  Makes conforming and
nonsubstantive changes. 

Sec. 6.  MANAGEMENT OF MONEY.  Makes no change.

Sec. 7.  EXAMINATIONS OF ACCOUNTS.  Makes no change.

Sec. 8.  INITIAL BOARD.  Creates Subsections (1) to provides that five
members serve terms expiring February 1, 2001, rather than February 1,
1991,  and Subsection (2) to provide that six members serve terms expiring
February 1, 2002, rather than February 1, 1992.   

Sec.  9.  EMINENT DOMAIN.  Authorizes the authority to exercise the power
of eminent domain to accomplish the purposes of the authority provided that
the exercise is approved by each governing body. 

Sec. 10.  INTERNATIONAL COOPERATION.  Creates this section to require the
authority to seek cooperative association with similar agencies in the
United Mexican States for furthering border-crossing infrastructures on
both sides of the Texas-Mexico border in cooperation with the governmental
entities having powers or duties regarding international trade. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by deleting the proposed
definition of "county," as well as proposed text including the
commissioners court of Webb County in the definition of "governing body."
The substitute deletes the proposed inclusion of Webb County in Chapter
535, Article 1015g-6, V.T.C.S. (Laredo Port of Entry). 

Section 2 (Creation of Authority) of the substitute differs from proposed
Section 2 by deleting proposed text authorizing the county, in conjunction
with the City of Laredo, to create the port authority under this section,
and deleting conforming changes made due to the proposed inclusion of Webb
County in Chapter 535.   

In addition, the substitute modifies the original Section 3 (Board) in
Subsection (a) by deleting all changes made to the existing subsection.
Thus the board remains governed by nine proposed voting members who must
reside in the authority and two nonvoting members who must reside in
Mexico. The substitute modifies Section 3(b) to require one voting member
to be a representative of the airfreight industry, and one be a
representative of the county selected by the governing body from a list of
nominations submitted by the Commissioners Court of Webb County.  Section
3(c) in the substitute deletes changes made to conform with proposed
Section 2(b).  New Section 3(c) is thus returned to its existing language
which requires five members, rather than at least half of the members, to
have terms ending in an odd-numbered year, and six members, rather than the
remaining members, to have terms ending in an even-numbered year. 

The substitute modifies the original in Section 4 (Compensation) by
deleting proposed language  relating to the requirement of the governing
body to pay reimbursement under this section,  which conformed proposed
Section 4 to the inclusion of Webb County in Chapter 535.   

Section 5 (Purposes) in the substitute modifies that section in the
original by specifying that the transports in the territory of the
authority from which the authority is required to collect rents and fees
under this section are land, rail, or air transports.  The substitute also
deletes proposed language conforming this section to the inclusion of Webb
County in Chapter 535. 

Furthermore, the substitute modifies the original in Section 7
(Examinations Of Accounts) by deleting proposed language conforming this
section to the inclusion of Webb County in Chapter 535. Thus Section 7 is
returned to its existing language. 

The substitute modifies the original in Section 8 by deleting proposed
Subsection (2) relating to the designation of members by the county.  The
substitute also creates Sections 8(1) and 8(2) from existing text.  The
substitute also modifies the original by providing that board members'
terms will expire February 1, 2001, rather than 2002.