Commentary

Port of Houston Authority Placed Under Unprecedented Review by the Texas Legislature

In an unprecedented move this past legislative session, the Texas Legislature placed the Port of Houston Authority under the State’s Sunset Review process. Sunset Review is the regular intensive assessment by the Sunset Advisory Commission as to whether a state agency should continue to exist. This is the first time ever that a port authority has been brought under such legislative scrutiny in Texas.

Perhaps not coincidentally, this legislative action followed closely on the heels of media reporting back in April and May of alleged extensive misuse of public funds by the Port. In late May, just before the end of the legislative session, Senator John Whitmire of Houston successfully got an amendment adopted to a House bill, then being debated on the floor of the Senate, which dealt generally with the powers and duties of navigation districts and port authorities. Senator Whitmire’s amendment, ultimately enacted as part of that House bill, as well as in the Legislature’s biennial Sunset Review scheduling legislation, placed the Port under Sunset Review as if it were a state agency.

Even though the express language of this landmark legislation provides that the Sunset Review will not result in the Port being abolished, it requires full assessment of the Port’s governance, management, and operating structure, as well as its compliance with legislative requirements. In another fairly unique gesture, the Legislature required the Port to pay all costs incurred by the Sunset Advisory Commission in performing the required review.

Placing the Port under the Sunset Review process affords the Legislature a unique opportunity to look closely at the Port and make fundamental changes to its mission or operations if needed. Likewise, through the openness, full public participation and accountability that guide Sunset reviews, the public and interested stakeholders are afforded an important opportunity to provide valuable information about how well or poorly the Port performs its functions and what changes should be made to address any deficiencies. Individuals and organizations can participate by identifying potential issues for study and by commenting on proposed changes to the Port. This can be done by: providing input to the Sunset staff during their review process; commenting on staff findings and recommendations in Sunset reports; testifying at public hearings held by the Sunset Advisory Commission; and taking part in the legislative session when the Sunset Review’s findings and recommendations on the Port will be considered by the Legislature.

The Sunset review of the Port of Houston is required to be presented to the Texas Legislature in its 2013 session, but the process has already begun with the Port submitting the required Self Evaluation Report with the Sunset Commission. According to the Port, its Self Evaluation Report highlights three basic components: “public, which seeks to be a good steward of the public welfare; business, which promotes and facilitates commerce in the region; and the Houston Ship Channel, a vital, national resource which must be improved, maintained and protected for future generations.” However, given the areas of assessment expressly directed by the Legislature, as well as full participation by the public and interested stakeholders, the Port’s Sunset Review will likely be much broader in scope.

The Port’s Self Evaluation Report will be available to the public on the Sunset Commission’s website as soon as the staff who will conduct the review are assigned, which is expected sometime in September. Once the review team is assigned, comments or other information relating to the Port can be submitted to the Sunset staff for their review and use in conducting their evaluation and preparing their report. The Sunset Commission’s website will provide routine updates associated with the Port’s Sunset Review.
 

Take action now. Please help us raise awareness of this important step in bringing more accountability to the Port of Houston Authority. You can do three things to help us today!

1. Forward this page to someone who may be interested in our initiative for more accountability for the Port of Houston Authority.
    
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