reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.008. Refunding of Bonds Heretofore Voted

Sec. 5007.008.  REFUNDING OF BONDS HERETOFORE VOTED.  The Commissioners Court shall have the power to issue bonds of the authority to refund bonds of the authority which have heretofore been voted and which are outstanding at the time of the adoption of the refunding bond order, and no election therefor shall be necessary.  Such refunding bonds shall mature serially or otherwise in not to exceed forty (40) years from their date, and shall bear interest at the same or lower rate than the bonds to be refunded unless it is shown mathematically that a saving will result in the total amount of interest to be paid.  Such refunding bonds shall be approved by the Attorney General of Texas, and shall be registered by the Comptroller of Public Accounts of Texas upon surrender and cancellation of the bonds to be refunded, but in lieu thereof, the order authorizing their issuance may provide that they shall be sold and the proceeds thereof deposited in the place or places where the bonds to be refunded are payable, in which case the refunding bonds may be issued in an amount sufficient to pay the principal of the bonds to be refunded and the interest on such bonds to their option or maturity date, and the Comptroller shall register them without the surrender and cancellation of the bonds to be refunded.  All such refunding bonds, after they have been approved by the Attorney General and registered by the Comptroller, shall be incontestable for any cause except for forgery or fraud.
Transferred, redesignated and amended from Local Water Laws, Section 3, Chapter 117, 55R by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.009. Construction of Chapter

Sec. 5007.009.  CONSTRUCTION OF CHAPTER.  This chapter shall be cumulative of other laws, and shall be liberally construed to effectuate the purposes set forth herein.  It is hereby found and declared that all property in the authority, both real and personal, is benefited by the authority and by the improvements and facilities constructed or acquired under this chapter.  It is expressly provided that nothing in this chapter shall be construed to amend, repeal, or affect the laws relating to pilots, pilotage, their appointment, or their remuneration.
Transferred, redesignated and amended from Local Water Laws, Section 4, Chapter 117, 55R by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter A. General Provisions › Section 5007.010. Name and Title Changes

Sec. 5007.010.  NAME AND TITLE CHANGES.  (a)  Effective August 30, 1971, the name of the Harris County Houston Ship Channel Navigation District of Harris County, Texas, is changed to the Port of Houston Authority of Harris County, Texas.
(b)  Effective August 30, 1971, the name of the Board of Navigation and the Canal Commissioners of the authority is changed to the port commission, and the title of each member is port commissioner.
(c)  Effective August 30, 1971, the title of general manager of the authority is changed to executive director.
Transferred, redesignated and amended from Local Water Laws, Section 5A, Chapter 117, 55R by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 758 (S.B. 1864), Sec. 6, eff. June 12, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.201. Conflict of Laws

Sec. 5007.201.  CONFLICT OF LAWS.  To the extent of a conflict between this subchapter and any other law, including Subchapter A, this subchapter prevails.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.202. Provisions Not Applicable to Authority

Sec. 5007.202.  PROVISIONS NOT APPLICABLE TO AUTHORITY.  Chapter 90, Acts of the 49th Legislature, Regular Session, 1945, and Chapter 211, Acts of the 54th Legislature, Regular Session, 1955, do not apply to the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.205. Appointment of Chair; Term

Sec. 5007.205.  APPOINTMENT OF CHAIR; TERM.  (a)  The City of Houston mayor and city council and the Harris County Commissioners Court shall jointly appoint the chair of the port commission in January of odd-numbered years.  The term of the chair expires on February 1 of each odd-numbered year.
(b)  If the mayor, city council, and commissioners court do not make an appointment within the period specified by this section, the governor shall appoint the chair of the port commission with the advice and consent of the senate.  The governor may appoint the chair only if the original appointing entities fail to make an appointment within the period described by this section, and any subsequent appointment must be made by the appointing entities.
(c)  The person appointed as the chair of the port commission must comply with the qualifications described by Section 61.160, Water Code.
(d)  On the second Monday of January in each odd-numbered year, the City of Houston mayor and city council, the Harris County commissioners, and the Harris County judge shall hold a joint meeting to appoint the chair of the port commission at the headquarters of the authority.
(e)  In the meeting held under Subsection (d):
(1)  each city council member and the mayor shall have one vote; and
(2)  each county commissioner and the county judge shall have the mixed-fraction number of votes equal to the sum of the number of city council members plus the mayor divided by the sum of the number of county commissioners plus the county judge.
(f)  The presence of individuals with a majority of the total potential votes is required to establish a quorum at the meeting.  A separate quorum from each group, representing the city and the county, is not required.  The chair must be appointed by at least a majority of the total potential votes, in any combination.
(g)  In the event of a tie, the city council, mayor, county commissioners, and county judge have three calendar days to deliberate, convene a meeting, and revote.  The period may be extended to allow for compliance with Chapter 551, Government Code, as it applies to the notice requirement for an open meeting.  If a second vote results in a tie:
(1)  the office of the chair of the port commission is considered an open position and the person serving as the chair is not eligible for reappointment to fill the position; and
(2)  the governor shall appoint the chair as provided by Subsection (b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.206. Navigation Board

Sec. 5007.206.  NAVIGATION BOARD.  The navigation board of the authority is composed of the county judge and county commissioners of Harris County, the mayor and city council members of the City of Houston, and the members of the Harris County Mayors' and Councils' Association.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.2065. Service on Freight Rail District Board

Sec. 5007.2065.  SERVICE ON FREIGHT RAIL DISTRICT BOARD.  The chair of the port commission may designate an officer or employee of the authority to serve on behalf of the chair as a director of a freight rail district created under Section 171.052, Transportation Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 758 (S.B. 1864), Sec. 7, eff. June 12, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.207. Conflict of Interest

Sec. 5007.207.  CONFLICT OF INTEREST.  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a port commissioner and may not be an authority employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a field relating to maritime commerce, the members of which are regulated by the authority; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field relating to maritime commerce, the members of which are regulated by the authority.
(c)  A person may not be a port commissioner or act as the general counsel to the port commission or the authority if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the authority.
(d)  A person may not be a port commissioner if the person or an individual related to the person in the first degree of consanguinity or affinity, as determined under Chapter 573, Government Code:
(1)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the authority; or
(2)  uses or receives a substantial amount of tangible goods, services, or money from the authority other than compensation or reimbursement authorized by law for port commission membership, attendance, or expenses.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.208. Filing of Financial Statement by Port Commissioners

Sec. 5007.208.  FILING OF FINANCIAL STATEMENT BY PORT COMMISSIONERS.  (a)  A port commissioner shall file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, with:
(1)  the authority; and
(2)  the Texas Ethics Commission.
(b)  Subchapter B, Chapter 572, Government Code:
(1)  applies to a port commissioner subject to this section as if the port commissioner were a state officer; and
(2)  governs the contents of, timeliness of filing, public inspection of, and civil and criminal penalties relating to a statement filed under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.209. Port Commissioner Training

Sec. 5007.209.  PORT COMMISSIONER TRAINING.  (a)  A person who is appointed to and qualifies for office as a port commissioner may not vote, deliberate, or be counted as a port commissioner in attendance at a meeting of the port commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the authority;
(2)  the programs, functions, policies, rules, and budget of the authority;
(3)  the results of the most recent formal audit of the authority;
(4)  the requirements of laws relating to open meetings, public information, administrative procedure, financial disclosure, and conflicts of interest; and
(5)  any applicable ethics policies adopted by the port commission or the Texas Ethics Commission.
(c)  A person appointed to the port commission is entitled to reimbursement for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1346 (S.B. 1915), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1347 (S.B. 2223), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.210. Removal From Office

Sec. 5007.210.  REMOVAL FROM OFFICE.  (a)  It is a ground for removal from the port commission that a port commissioner:
(1)  does not have at the time of taking office the qualifications required by Section 5007.204;
(2)  does not maintain during service on the port commission the qualifications required by Section 5007.204;
(3)  is ineligible for membership under Section 5007.207;
(4)  cannot, because of illness or disability, discharge the port commissioner's duties for a substantial part of the port commissioner's term;
(5)  commits malfeasance in office; or
(6)  is absent from more than half of the regularly scheduled port commission meetings that the port commissioner is eligible to attend during a calendar year without an excuse approved by a majority vote of the port commission.
(b)  The validity of an action of the port commission is not affected by the fact that it is taken when a ground for removal of a port commissioner exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the chair of the port commission of the potential ground.  The chair shall then notify the entity that appointed the port commissioner that a potential ground for removal exists.  If the potential ground for removal involves the chair, the executive director shall notify the next highest ranking officer of the port commission, who shall then notify the entities who appointed the chair that a potential ground for removal exists.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.211. Port Commission Policies

Sec. 5007.211.  PORT COMMISSION POLICIES.  (a) The port commission shall adopt detailed policies that document its governance practices and make those policies available on the authority's website.
(b)  The port commission shall develop and implement policies that clearly separate the policymaking responsibilities of the port commission and the management responsibilities of the executive director and the other employees of the authority.
(c)  The port commission shall distribute a copy of all policies adopted under this subchapter to each port commissioner and authority employee not later than the third business day after the date the person begins employment or a term as port commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.212. Executive Director

Sec. 5007.212.  EXECUTIVE DIRECTOR.  (a) The port commission shall appoint an executive director of the authority.  The port commission shall prescribe the duties and compensation of the executive director.  The port commission may delegate to the executive director full authority to manage and operate the affairs of the authority subject only to orders of the port commission.
(b)  The port commission shall delegate to the executive director the authority to employ all persons necessary for the proper handling of the business and operation of the authority and to determine the compensation to be paid to all employees, other than the executive director or the chief audit executive employed under Section 5007.226(c).
(c)  The executive director shall execute a bond for $10,000 conditioned on the faithful performance of the executive director's duties and other conditions as required by the authority. The bond must be recorded in a record kept for that purpose in the authority's office.
(d)  The port commission by general or special rule, regulation, order, resolution, or other direction may authorize the executive director or another person authorized to act instead of the executive director to perform any act on behalf of the port commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.213. Standards of Conduct; Ethics Policy

Sec. 5007.213.  STANDARDS OF CONDUCT; ETHICS POLICY.  (a)  A port commissioner or an authority employee should not:
(1)  accept or solicit any gift, favor, or service that might reasonably tend to influence the port commissioner or employee in the discharge of official duties or that the port commissioner or employee knows or should know is being offered with the intent to influence the port commissioner's or employee's official conduct;
(2)  accept other employment or engage in a business or professional activity that the port commissioner or employee might reasonably expect would require or induce the port commissioner or employee to disclose confidential information acquired by reason of the official position;
(3)  accept other employment or compensation that could reasonably be expected to impair the port commissioner's or employee's independence of judgment in the performance of the port commissioner's or employee's official duties;
(4)  make personal investments that could reasonably be expected to create a substantial conflict between the port commissioner's or employee's private interest and the public interest; or
(5)  intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the port commissioner's or employee's official powers or performed the port commissioner's or employee's official duties in favor of another.
(b)  The port commission shall adopt a written ethics policy for the port commissioners and authority employees consistent with the standards prescribed by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.214. Ethics Affirmation and Hotline

Sec. 5007.214.  ETHICS AFFIRMATION AND HOTLINE.  (a)  A port commissioner or an authority employee shall annually affirm the port commissioner's or employee's adherence to the ethics policy adopted under Section 5007.213.
(b)  The port commission shall establish and operate a telephone hotline that enables a person to call the hotline number, anonymously or not anonymously, to report alleged fraud, waste, or abuse or an alleged violation of the ethics policy adopted under Section 5007.213.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.215. Complaints

Sec. 5007.215.  COMPLAINTS.  (a)  The authority shall maintain a system to promptly and efficiently act on complaints filed with the authority.  The authority shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The authority shall make information available to the public, including on the authority's website, describing its procedures for complaint investigation and resolution.
(c)  The authority shall periodically notify the complaint parties of the status of the complaint until final disposition.
(d)  The authority shall develop a standard form and a procedure for submitting complaints to the authority and shall make that form and procedure available on the authority's website.  The authority shall also make available on its website clear information about what a person making a complaint should expect after the complaint is filed, including timelines for response and resolution.
(e)  The authority shall compile detailed statistics and analyze trends on complaint information, including:
(1)  the nature of the complaints;
(2)  the disposition of the complaints; and
(3)  the length of time to resolve complaints.
(f)  Authority staff shall report the information compiled under Subsection (e) to senior management as designated by the executive director and the port commission on a regular basis.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.216. Public Involvement Policy

Sec. 5007.216.  PUBLIC INVOLVEMENT POLICY.  The port commission shall develop and implement a policy that provides a structure for public involvement.  The policy must include:
(1)  a clear and detailed description of how the authority will seek to actively engage stakeholders;
(2)  specific actions the authority will take to meet or exceed the requirements of laws related to open meetings; and
(3)  strategies that include use of the authority's website to make available clear, updated information on issues of public concern.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.217. Whistleblower Policy

Sec. 5007.217.  WHISTLEBLOWER POLICY.  The port commission shall adopt a whistleblower policy consistent with Chapter 554, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.218. Expense Policy

Sec. 5007.218.  EXPENSE POLICY.  The port commission shall adopt an expense policy that includes:
(1)  spending guidelines for meals, lodging, and entertainment, including a process for handling and documenting exceptions to the guidelines if business needs require an exception;
(2)  clear expense report protocols, including:
(A)  the use of cash advances;
(B)  the separation of reports from port commissioners and authority employees; and
(C)  clear lines of accountability for the submission of reports; and
(3)  a prohibition on the use of authority funds for a meal for a port commissioner or an authority employee that is not part of:
(A)  approved travel for authority business;
(B)  a ceremonial or business-related function with outside parties;
(C)  an employee training program; or
(D)  an event with the purpose of employee recognition, seasonal celebration, or building morale.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 758 (S.B. 1864), Sec. 8, eff. June 12, 2017.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.219. Promotion and Development Fund

Sec. 5007.219.  PROMOTION AND DEVELOPMENT FUND.  (a)  In this section, "promotion and development fund" means a fund created and managed under Subchapter H, Chapter 60, Water Code.
(b)  The port commission shall adopt clear, complete policy and procedures to govern the use of the promotion and development fund.  The policy and procedures must include:
(1)  provisions limiting acceptable uses of promotion and development fund money to uses with a direct tie to the mission of the authority;
(2)  a consistent budget process;
(3)  a process for requesting sponsorship funds by port commissioners, authority employees, and outside groups;
(4)  an approval process for each type of expenditure from the promotion and development fund, including:
(A)  the level of approval or notification required for authority employees, applicable task forces, and the port commission; and
(B)  a requirement that each approved expenditure must include a description of:
(i)  the expected impact of the expenditure; and
(ii)  how the expenditure is consistent with the strategic direction for promotion and development fund money as adopted by the port commission;
(5)  a procedure for handling exceptions to the policy, including a requirement that an exception be subject to the same reporting requirements as other approved expenditures from the promotion and development fund;
(6)  a provision for evaluating the policy's effectiveness and having the port commission adopt updates to the policy as needed at regularly scheduled public meetings; and
(7)  requirements for regular tracking of all expenditures from the promotion and development fund and reporting of the expenditures to the port commission and to the public by making the reports available on the authority's website.
(c)  A report described by Subsection (b)(7) must include detailed information about:
(1)  travel by port commissioners;
(2)  special uses of the authority's resources, including the use of any public tour vessels and the associated costs, sorted by authority division;
(3)  sponsorship and similar spending; and
(4)  total expenditures from the promotion and development fund, including year-to-date summary information by category of expenditure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.220. Planning Definitions

Sec. 5007.220.  PLANNING DEFINITIONS.  For the purposes of Sections 5007.221, 5007.222, 5007.224, and 5007.225:
(1)  "Long-range plan" means the plan developed under Section 5007.221.
(2)  "Mid-range plan" means the plan developed under Section 5007.222.
(3)  "One-year capital plan" means the plan developed under Section 5007.224.
(4)  "Staff" means one or more authority employees and does not include a port commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.221. Long-Range Planning

Sec. 5007.221.  LONG-RANGE PLANNING.  (a)  Appropriate staff shall develop a long-range plan containing:
(1)  a mission and values statement;
(2)  an assessment of the authority's state as of the date of the plan;
(3)  an assessment of the projected operating environment over the course of the long-range plan;
(4)  a discussion of high-level goals, strategies, and priorities;
(5)  a scheme for ongoing evaluation of progress toward stated goals, including performance measures; and
(6)  other strategic planning elements, as considered appropriate by the staff or port commission.
(b)  The port commission shall establish a planning horizon of at least 10 years for the long-range plan.
(c)  The staff shall identify and collaborate with stakeholders to obtain input on the long-range plan.
(d)  The port commission may amend and shall adopt the plan and any updates to the plan in an open meeting.
(e)  The staff shall provide annual progress updates according to performance measures developed under Subsection (a)(5).  The staff shall present a report on the annual progress to the port commission.
(f)  The staff shall complete a comprehensive reevaluation and update of the long-range plan at least every five years, or more frequently if the port commission finds that conditions warrant a more frequent update.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.222. Mid-Range Planning

Sec. 5007.222.  MID-RANGE PLANNING.  (a)  Appropriate staff shall develop a mid-range plan consistent with the long-range plan.  The mid-range plan must include:
(1)  a five-year financial forecast addressing the financial needs and financing options of the authority for the five-year period, with information about the relative cost of the options;
(2)  a five-year capital plan, including a preliminary analysis and prioritization of projects; and
(3)  other detailed action plans as the port commission or staff finds necessary to achieve the goals of the mid-range plan or long-range plan.
(b)  The staff shall present the mid-range plan in an open meeting of the port commission.  The port commission is not required to adopt a mid-range plan.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.223. Budget

Sec. 5007.223.  BUDGET.  The port commission shall annually adopt a budget for the authority in an open meeting.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.224. One-Year Capital Plan

Sec. 5007.224.  ONE-YEAR CAPITAL PLAN.  (a)  Appropriate staff shall develop a one-year capital plan, including associated financing, that is integrated with the budget of the authority.
(b)  The port commission shall adopt the one-year capital plan in an open meeting.
(c)  The port commission shall establish and document a detailed process for the analysis and approval of a project proposed for inclusion in the one-year capital plan.  A project may be included in the one-year capital plan only if it is approved in accordance with that process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.225. Public Access to Budget and Planning Information

Sec. 5007.225.  PUBLIC ACCESS TO BUDGET AND PLANNING INFORMATION.  (a)  The port commission shall post on the authority's website and otherwise make available to the public the authority's most recently adopted budget and any plan adopted by the port commission at an open meeting, including the long-range plan, mid-range plan, one-year capital plan, and updates to that budget or those plans.
(b)  The port commission may redact sensitive business information from the plans made publicly available under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.226. Internal Audit

Sec. 5007.226.  INTERNAL AUDIT.  (a)  The port commission shall establish an internal audit procedure consistent with the purposes, duties, and standards for state agency internal audit procedures under Chapter 2102, Government Code.
(b)  The port commission shall create an internal audit task force consisting of port commissioners.
(c)  The port commission only shall hire and may fire or suspend a chief audit executive, who shall report to the internal audit task force.  The chief audit executive shall coordinate all audit activity, including:
(1)  compliance reviews;
(2)  reviews of internal controls;
(3)  audits by the county auditor of Harris County;
(4)  contracted audits;
(5)  performance reviews; and
(6)  investigations of alleged fraud, waste, abuse, or ethics violations reported under Section 5007.214(b).
(d)  The chief audit executive shall monitor the authority's compliance with statutory requirements governing use of the promotion and development fund, as defined by Section 5007.219(a).
(e)  The port commission shall create, approve, and make available on the authority's website a risk-based annual audit plan.
(f)  The port commission shall make internal audits available on request to:
(1)  the county auditor of Harris County; and
(2)  any entity with the authority to appoint a port commissioner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.227. Harris County Auditor

Sec. 5007.227.  HARRIS COUNTY AUDITOR.  (a)  The county auditor of Harris County may conduct a financial audit of the authority as part of an annual, county-wide risk assessment and audit plan.  An audit performed under this subsection must be conducted in accordance with generally accepted auditing standards as prescribed by:
(1)  the American Institute of Certified Public Accountants;
(2)  the Governmental Accounting Standards Board;
(3)  the United States Government Accountability Office; or
(4)  any other professionally recognized entity that prescribes auditing standards.
(b)  The county auditor of Harris County may not conduct an operational audit of the authority or any audit that exceeds the scope of the audit described in Subsection (a).
(c)  The authority shall reimburse the county auditor of Harris County for an audit conducted under Subsection (a), according to standard rates agreed to by the authority and the county before an audit is scheduled or performed.  The rates shall be updated periodically.
(d)  Sections 60.204(c) and 61.174(b) and (c), Water Code, do not apply to the authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5007 - Port of Houston Authority of Harris County, Texas › Subchapter B. Administration and Planning › Section 5007.228. Acceptance of Gifts

Sec. 5007.228.  ACCEPTANCE OF GIFTS.  (a) In this section, "gift" means a gift, grant, donation, or bequest of money or property accepted under Section 60.124, Water Code, that has a value of $500 or more.
(b)  The authority may accept a gift only if, not later than the 90th day after the date the port commission receives the gift, the port commission, in an open meeting, acknowledges the acceptance of the gift.
(c)  For a gift accepted under Subsection (b), the authority must record the name of the donor, a description of the gift, and a statement of the purpose of the gift in the minutes of the port commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 139 (H.B. 1642), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter A. General Provisions › Section 5009.001. Definitions

Sec. 5009.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the board of navigation and canal commissioners of the district.
(2)  "District" means the Galveston County Navigation District No. 1.
(3)  "Fund" means a promotion and development fund created by the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter A. General Provisions › Section 5009.002. Nature of District

Sec. 5009.002.  NATURE OF DISTRICT.  The district is created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter A. General Provisions › Section 5009.003. Legislative Findings

Sec. 5009.003.  LEGISLATIVE FINDINGS.  (a)  All land and other property in the district benefit from the creation of the district, the carrying out of the purposes for which the district was created, and the acquisition and construction of navigation facilities and improvements to carry out those purposes.
(b)  The district is necessary to carry out Section 59, Article XVI, Texas Constitution.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter B. Powers and Duties › Section 5009.051. Limitation on Powers and Duties

Sec. 5009.051.  LIMITATION ON POWERS AND DUTIES.  Notwithstanding any other law, the district, the commission, or officers of the district may not have any power or authority over the appointment, remuneration, operations, or conduct of the branch pilots of the Galveston Bar or the commission of pilots of the Galveston Bar.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter C. Promotion and Development Fund › Section 5009.101. Establishment of Fund; Deposits

Sec. 5009.101.  ESTABLISHMENT OF FUND; DEPOSITS.  (a)  The district may establish a promotion and development fund.
(b)  The district, from time to time, may deposit in the fund a portion of the district's accumulated money, plus an amount each year not to exceed 10 percent of the district's total maintenance and operation taxes, including delinquent taxes, received during a fiscal year.
(c)  The commission shall determine the amount to be deposited in the fund.
(d)  The money in the fund shall be kept separate from other money and accounts of the district.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter C. Promotion and Development Fund › Section 5009.102. Use of Fund

Sec. 5009.102.  USE OF FUND.  The fund may be used only for:
(1)  the purposes described by Section 60.203, Water Code;
(2)  the public purposes of development and diversification of the district's economy; and
(3)  joint projects with other political subdivisions or entities, including funding a program of an entity, to carry out the purposes of Subchapter H, Chapter 60, Water Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5009 - Galveston County Navigation District No. 1 › Subchapter C. Promotion and Development Fund › Section 5009.103. Control of Fund

Sec. 5009.103.  CONTROL OF FUND.  The fund is under the exclusive control of the commission, and the commission has full responsibility for auditing, approving, and safeguarding the expenditure of money from the fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 869 (H.B. 2803), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5010 - Port of Beaumont Navigation District of Jefferson County, Texas › Subchapter A. General Provisions › Section 5010.0101. Definitions

Sec. 5010.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of port commissioners of the district.
(2)  "Commissioner" means a member of the board.
(3)  "District" means the Port of Beaumont Navigation District of Jefferson County, Texas.
Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5010 - Port of Beaumont Navigation District of Jefferson County, Texas › Subchapter A. General Provisions › Section 5010.0102. Nature and Purpose of District

Sec. 5010.0102.  NATURE AND PURPOSE OF DISTRICT.  (a)  The district is a port district.
(b)  To the extent authorized by this chapter, the district is created to:
(1)  improve navigation in the district;
(2)  maintain, develop, extend, and improve port, wharf, dock, and intermodal facilities inside or outside the district; and
(3)  develop the Port of Beaumont in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5010 - Port of Beaumont Navigation District of Jefferson County, Texas › Subchapter A. General Provisions › Section 5010.0103. Legislative Findings

Sec. 5010.0103.  LEGISLATIVE FINDINGS.  The creation of the district:
(1)  is essential to:
(A)  accomplish the purposes of Section 59, Article XVI, Texas Constitution; and
(B)  the general welfare of this state for the development of maritime shipping to and from the state's ports;
(2)  is in the interest of national defense, the Port of Beaumont being strategically located on the Gulf Coast with an inland-protected harbor and in a rapidly developing industrial area where wharves, docks, and intermodal facilities are located; and
(3)  will result in:
(A)  material benefits and improvements to district territory;
(B)  the increase of the taxable value of property in the district; and
(C)  material benefit to that part of the state in which the district is located.
Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5010 - Port of Beaumont Navigation District of Jefferson County, Texas › Subchapter A. General Provisions › Section 5010.0104. District Territory

Sec. 5010.0104.  DISTRICT TERRITORY.  The district is composed of the territory:
(1)  in Jefferson and Orange Counties described by Sections 1 and 1A, Chapter 147, Acts of the 51st Legislature, Regular Session, 1949, as that territory may have been modified under:
(A)  Section 3 or 3a, Chapter 103, Acts of the 41st Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's Texas Civil Statutes), before August 30, 1971;
(B)  Subchapter H, Chapter 62, Water Code; or
(C)  other law; and
(2)  described by Section 3 of the Act enacting Subchapter F.
Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 107 (S.B. 1643), Sec. 1, eff. May 24, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 5 - Transportation › Subtitle A - Navigation Districts and Port Authorities › Chapter 5010 - Port of Beaumont Navigation District of Jefferson County, Texas › Subchapter A. General Provisions › Section 5010.0105. Liberal Construction of Chapter

Sec. 5010.0105.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be construed liberally to effect its purposes.
Added by Acts 2019, 86th Leg., R.S., Ch. 495 (H.B. 4666), Sec. 1, eff. September 1, 2019.