1. (a) From money in the fund, the department shall fund:

   1. (1) port security, transportation, or facility projects; and
   2. (2) port studies.
2. (b) The department may not fund a port security, transportation, or facility project unless an amount at least equal to the amount provided by the department is invested in the project by a port authority or navigation district.

3. (c) Port security, transportation, or facility projects eligible for funding under this chapter include:

   1. (1) construction or improvement of transportation facilities within the jurisdiction of a port;
   2. (2) the dredging or deepening of channels, turning basins, or harbors;
   3. (3) the construction or improvement of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, or any facilities necessary or useful in connection with port transportation or economic development;
   4. (4) the construction or improvement of facilities necessary or useful in providing port security;
   5. (5) the acquisition of container cranes or other mechanized equipment used in the movement of cargo or passengers in international commerce;
   6. (6) the acquisition of land to be used for port purposes;
   7. (7) the acquisition, improvement, enlargement, or extension of existing port facilities; and

   8. (8) environmental protection projects that:

      1. (A) are required as a condition of a state, federal, or local environmental permit or other form of approval;
      2. (B) are necessary for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or
      3. (C) result from the undertaking of eligible projects.
4. (d) The department, in consultation with the committee, shall review the list of projects recommended by the committee to evaluate the economic benefit of each project. The commission, after receiving recommendations from the committee and from the department, shall approve projects or studies for funding based on its review.
5. (e) The commission may use money from the Texas Mobility Fund to provide funding, including through a loan, for a port security project, a port transportation project, or a project eligible for funding under Subsection (c).

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001.

Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.03, eff. June 21, 2003.

Acts 2013, 83rd Leg., 3rd C.S., Ch. 1 (H.B. 1), Sec. 1, eff. December 1, 2014.