HBA-DMH S.B. 465 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 465
By: Shapleigh
Transportation
5/18/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Port authorities across the United States build and operate infrastructure,
reduce time-consuming procedural activities, and expedite commerce. A
border port authority along the Texas-Mexico border would facilitate the
transportation and movement of goods resulting from increased business
activity generated by the North American Free Trade Agreement. A border
port authority would be able to set up a cooperative arrangement between
the United States and Mexico to allocate resources and maintain revenue in
the border region to fund critical infrastructure needs. This may expedite
the movement of traffic across international bridges and reduce congestion
by consolidating the activities of several agencies in a single entity.
Increased efficiency may also help attract additional business to the
competitive border region. Senate Bill 465 requires the Texas Department of
Transportation to establish a Border Port of Entry Authority Task Force to
study the viability of creating a border port of entry authority to
facilitate transportation and movement of goods through El Paso County. 

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. 

ANALYSIS

Senate Bill 465 requires the Texas Department of Transportation (TxDOT) to
establish a Border Port of Entry Authority Task Force (task force) to study
the viability of creating border port of entry authorities to facilitate
the transportation and other movement of goods through El Paso County.  The
bill sets forth the composition of the task force.  The bill requires TxDOT
to provide the staff necessary to assist the task force in performing its
duties. A task force member is not entitled to compensation, and each
entity with a member on the task force is responsible for that member's
expenses. 

In studying the viability of creating authorities, the bill requires the
task force to study and consider the procedures used to create an
authority, the jurisdiction of an authority, the various potential powers
and responsibilities of an authority, and sources of revenue for an
authority.  

In conducting its study, the bill requires the task force to consult with
TxDOT and each metropolitan planning organization whose planning area
includes a portion of El Paso County.  The bill requires TxDOT to prepare a
report of the findings and recommendations of the task force and authorizes
TxDOT to include its own recommendations in the report. The bill authorizes
TxDOT to contract with a private entity or a university to prepare the
report and requires TxDOT, not later than January 15, 2003, to submit the
report to the lieutenant governor and the speaker of the  house of
representatives.  The provisions regarding state agency advisory committees
do not apply to the task force. 

The task force is abolished and the provisions of the bill expire January
15, 2003.  



 EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 modifies the composition of the Border Port of
Entry Authority Task Force (task force) by reducing from four to three the
number of appointed members representing the city of El Paso and the number
of appointed members representing the county of El Paso.  The amendment
adds to the task force three members approved by the Transportation Policy
Board of the El Paso region and provides that the one appointed member
representing the Texas Department of Transportation is a nonvoting member.