85R11282 AAF-F     By: Taylor of Galveston S.B. No. 1029       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of the board of pilot   commissioners for certain ports.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 66.016(b), Transportation Code, is   amended to read as follows:          (b)  The board may adopt rules to carry out this chapter,   including rules for conducting hearings.          SECTION 2.  Subchapter B, Chapter 66, Transportation Code,   is amended by adding Section 66.0215 to read as follows:          Sec. 66.0215.  SUBPOENAS. (a) The board may direct the   issuance of a subpoena commanding the person to whom it is directed   to produce and permit inspection and copying of designated   documents or tangible things in the possession, custody, or control   of that person.          (b)  The board may file suit to enforce a subpoena issued   under this section, and an interested party may file suit for a   protective order or other relief in connection with the subpoena,   in a district court in Harris County or in a district court in the   county in which the subpoena is served.          (c)  All subpoenas issued and suits filed under this section   shall be governed by the Texas Rules of Civil Procedure, including   Rules 176.1 through 176.8, and other law applicable to discovery in   civil litigation in the district courts of this state.          SECTION 3.  Section 66.062(c), Transportation Code, is   amended to read as follows:          (c)  The board shall set a hearing date not later than the   45th day after the [within two weeks of] receipt of an application.   The board shall begin [hold] the hearing not earlier than the 20th   day and not later than the 60th [40th] day after the date the board   sets the hearing date.          SECTION 4.  The heading to Section 66.063, Transportation   Code, is amended to read as follows:          Sec. 66.063.  PILOT FINANCIAL REPORT; ADDITIONAL   INFORMATION.          SECTION 5.  Section 66.063, Transportation Code, is amended   by amending Subsections (a) and (d) and adding Subsection (a-1) to   read as follows:          (a)  Not later than a date established by the board [the 10th   day before the date set for a pilotage rate hearing], the pilots who   are licensed or certified to serve the port for which the rates are   being considered shall submit in writing to the board and to any   party designated by the board complete accounts of:                (1)  all amounts received from performing pilot   services, organized by categories or classifications of rates, if   rates are set in that manner;                (2)  all earnings from capital assets devoted to   providing pilot services;                (3)  all expenses incurred in connection with   activities for which amounts described by Subdivisions (1) and (2)   were received and earned; and                (4)  estimates of receipts and expenses anticipated to   result from the requested changes in pilotage rates.          (a-1)  The date established by the board under Subsection (a)   may not be later than the 10th day before the date set for a pilotage   rate hearing.          (d)  The board may require from any person relevant   additional information it considers necessary to determine a proper   pilotage rate.          SECTION 6.  Section 66.065, Transportation Code, is amended   to read as follows:          Sec. 66.065.  RATE DECISION. Not later than the 60th [10th]   day after the date of the completion of a hearing on an application   for a change in pilotage rates, the board shall publicly issue a   [written] decision that:                (1)  grants or denies the application in whole or in   part;                (2)  states the reasons for the decision; [and]                (3)  states each new pilotage rate; and                (4)  states the effective date for each new pilotage   rate.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.