Perez Port Bill Counts Cruise Ship Terminals As Navigation Commerce

The text as introduced · 864 words

2025S0174-1 03/05/25

By: Perez of Harris
H.B. No. 4148

A BILL TO BE ENTITLED

AN ACT

relating to the records, management, and taxation of navigation

districts and certain port and harbor facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter J, Chapter 441, Government Code, is

amended by adding Section 441.1681 to read as follows:

Sec. 441.1681. ELECTRONIC STORAGE OF CERTAIN LOCAL

GOVERNMENT RECORDS. (a) The governing body of a navigation

district or port authority, or a board of trustees described by

Chapter 54, Transportation Code, may establish alternative storage

and retention standards and procedures for records of a navigation

district, port authority, or board of trustees. The rules must

establish:

(1) a process for the port commission of a navigation

district or port authority, or a board of trustees described by

Chapter 54, Transportation Code, to use the alternative storage

standards and procedures;

(2) procedures for the conversion of hard copy

documents retained by the custodian of the navigation district,

port authority, or board of trustees described by Chapter 54,

Transportation Code, to an electronic form and the destruction of

the hard copy documents; and

(3) standards for electronic record management and

preservation of documents retained by the custodian of the

navigation district, port authority, or board of trustees described

by Chapter 54, Transportation Code.

(b) The standards and procedures under this section may not

establish a retention period that is shorter than a retention

period prescribed by a state or federal law, regulation, or rule of

court.

SECTION 2. Subchapter Q, Chapter 60, Water Code, is amended

by adding Section 60.503 to read as follows:

Sec. 60.503. CLOSED MEETINGS. Notwithstanding Section

551.103, Government Code, a port commission is not required to make

a recording of the proceedings of a closed meeting to deliberate

security measures, including cybersecurity measures, related to

the navigation district or port authority.

SECTION 3. Section 60.403(a), Water Code, is amended to

read as follows:

(a) A port commission, an authorized designated officer of

the port commission, the executive director of the district or the

port authority, or an authorized representative of the executive

director may make routine purchases or contracts in an amount not to

exceed $50,000. A port commission may delegate authority to an

authorized designated officer of the port commission, the executive

director of the district or the port authority, or an authorized

representative of the executive director to make routine purchases

or contracts in an amount not to exceed $500,000, which shall be

deemed the amount provided for under this chapter for routine

purchases or contracts authorized for the district or port

authority [ $100,000 ].

SECTION 4. Section 2252.909(a), Government Code, as added

by Chapter 1008 (H.B. 2518), Acts of the 88th Legislature, Regular

Session, 2023, is amended to read as follows:

(a) In this section, "governmental entity" has the meaning

assigned by Section 2253.001 , except that the term does not include

a:

(1) navigation district;

(2) port authority; or

(3) board of trustees described by Chapter 54,

Transportation Code .

SECTION 5. Section 54.054, Transportation Code, is amended

by amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) Except for routine purchases and contracts and except as

otherwise provided by this chapter, the board may award a contract

involving the expenditure of funds in excess of the amount

applicable to an expenditure of funds by a municipality under

Section 252.021(a), Local Government Code, only by competitive

bidding.

(c) The board, authorized designated officers of the board,

the general manager or port director, or authorized representatives

of the general manager or port director may make routine purchases

or contracts in an amount not to exceed $50,000. A board may

delegate authority to authorized designated officers of the board,

the general manager or port director, and authorized

representatives of the general manager or port director to make

routine purchases or contracts in an amount not to exceed $500,000,

which shall be deemed the amount provided for under this section for

routine purchases or contracts.

SECTION 6. Section 25.07(e), Tax Code, is amended to read as

follows:

(e) In this section, "navigation-related commerce" includes

the following if engaged in by a person:

(1) an activity that requires the person to hold a

maritime-related license or permit issued by a navigation district,

including providing stevedoring, steamship agency, towing,

tugboat, or line handling services;

(2) an activity that requires the person to hold a

franchise issued by a navigation district;

(3) possessing a leasehold interest in property [ owned

by a navigation district ] that :

(A) connects infrastructure to a public dock ; and

(B) is:

(i) owned by a navigation district; or

(ii) managed and controlled by a board of

trustees described by Chapter 54, Transportation Code ;

(4) hauling cargo into or across a public dock;

(5) commercial fishing;

(6) constructing, fabricating, cleaning, repairing,

dismantling, or recycling vessels;

(7) pilotage; [ or ]

(8) an activity described by Section 60.101, 61.162,

or 63.153, Water Code ;

(9) operating a cruise ship terminal facility; or

(10) an activity described by Section 54.003 or

54.053, Transportation Code .

SECTION 7. This Act takes effect September 1, 2025.