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.