SUNSET ADVISORY COMMISSION FINAL REPORT WITH LEGISLATIVE ACTION Port of Houston Authority JULY 2013 Sunset Advisory Commission Representative Dennis Bonnen Chair Senator Robert Nichols Vice Chair Representative Rafael Anchia Senator Brian Birdwell Representative Byron Cook Senator Joan Huffman Representative Harold V. Dutton, Jr. Senator Dan Patrick Representative Four Price Senator John Whitmire Casandra Ortiz Jan Newton Ken Levine Director Cover photo: The Texas Capitol is a marvel of craftsmanship down to the smallest details. The beautifully carved wood door frames are emphasized with elaborate, custom-designed bronze hinges and hardware produced especially for the building by Sargent and Co. of New Haven, Connecticut, in the late 1880s. The eight inch by eight inch hinges are inscribed with the words “Texas Capitol”, decorated with incised designs of geometric and stylized floral motifs, and weigh over seven pounds each. PORT OF HOUSTON AUTHORITY SUNSET FINAL REPORT WITH LEGISLATIVE ACTION JULY 2013 This document is intended to compile all recommendations and action taken by the Sunset Advisory Commission for an agency under Sunset review. The following explains how the document is expanded and reissued to include responses from agency staff and the public. l Sunset Staff Report, August 2012 – Sunset staff develops a separate report on each individual agency, or on a group of related agencies. Each report contains both statutory and management recommendations developed after the staff ’s extensive evaluation of the agency. l Sunset Staff Report with Hearing Material, August 2012 – Adds responses from agency staff and the public to Sunset staff recommendations, as well as new issues raised for consideration by the Sunset Commission at its public hearing. l Sunset Staff Report with Decision Material, November 2012 – Adds additional responses, testimony, or new issues raised during and after the public hearing for consideration by the Sunset Commission at its decision meeting. l Sunset Staff Report with Commission Decisions, November 2012 – Adds the decisions of the Sunset Commission on staff recommendations and new issues. Statutory changes adopted by the Commission are presented to the Legislature in the agency’s Sunset bill. l Sunset Final Report with Legislative Action, July 2013 – Summarizes the final results of an agency’s Sunset review, including action taken by the Legislature on Sunset Commission recommendations and new provisions added by the Legislature to the agency’s Sunset bill. TABLE OF CONTENTS PAGE SUMMARY .................................................................................................................................. 1 Staff Recommendations (page 2) Summary of Final Results (page 6a) PORT AUTHORITY AT A GLANCE .................................................................................................................................. 7 ISSUES/RECOMMENDATIONS 1 Clear Actions Must be Taken to Restore Trust in the Port Commission’s Ability to Carry Out Its Important Mission ............................................................. 13 Commission Decision (page 24d) Final Results (page 24d) 2 The Authority Lacks a Proactive Public Engagement Strategy Necessary to Improve Stakeholder Trust ................................................................................... 25 Commission Decision (page 32c) Final Results (page 32c) 3 A Formal and Comprehensive Strategic Planning Process Is Critical to the Authority’s Future Success ................................................................. 33 Commission Decision (page 38b) Final Results (page 38b) 4 Unclear and Outdated Statutes Prevent the Authority From Having an Effective Internal Audit Function ........................................................................ 39 Commission Decision (page 46d) Final Results (page 46d) PAGE 5 Use of the Authority’s Promotion and Development Fund Requires Additional Controls and Transparency to Avoid Future Controversy and Distraction ......................................................................................................... 47 Commission Decision (page 56c) Final Results (page 56c) 6 Procurement at the Authority Lacks Consistent Practices to Ensure Fair, Cost-Effective Purchasing................................................................................. 57 Commission Decision (page 70e) Final Results (page 70e) 7 The Authority Could Reduce Injuries and Save Money by Implementing a More Proactive Safety Program .............................................................................. 71 Commission Decision (page 78b) Final Results (page 78b) 8 The Commission’s Role as the Pilot Board to Regulate Houston Pilots Lacks Focused Oversight and Standard Best Practices for Licensing Functions .................................................................................................. 79 Commission Decision (page 84a) Final Results (page 84a) NEW ISSUES .................................................................................................................................. 85 Commission Decision (page 87) Final Results (page 87) PROVISIONS ADDED BY THE LEGISLATURE .................................................................................................................................. 89 APPENDIX Appendix A — Staff Review Activities .................................................................... 91 SUMMARY Sunset Advisory Commission July 2013 SUMMARY The Port of Houston Authority is not a broken organization, despite the image that may appear through the harsh glare of the media spotlight or a cursory reading of this report’s findings. Certainly, the Authority has had its missteps and the scrutiny and criticism those missteps attract are justified. However, nothing is gained from dwelling on the details of past controversies, except to learn from them and guide the way forward. The negative attention and resulting Sunset review were a wake-up call for the Authority. It has work to do to restore public trust and respond creatively to the challenges ahead. The Authority faces a period of continual growth brought on by anticipated increases in freight movement due to The Authority has work to the booming Texas population, continued advancements do to restore public trust and in the petrochemical industry, and pending completion address the challenges ahead. of upgrades to the Panama Canal. This growth brings opportunity, but also significant challenges as it coincides with increasingly scarce federal funds for maintenance of the Houston Ship Channel, and a need for alternative funding for infrastructure improvements beyond the taxpayer-supported bonds upon which the Authority has traditionally relied. In addition to these more immediate challenges, the Authority must continue to weigh its responsibilities as a governmental entity with the reality of its competitive operating environment, a difficult balance requiring great care to achieve success. These challenges and the scale of the Channel’s impact on the state’s economy require the Authority to have forward-looking vision and public confidence to do its job. To this end, the Sunset review focused on restoring trust in the organization and helping it move ahead by recommending improvements to its governance structure and internal controls, and modernizing other aspects of its operations. Chief among these changes is bringing predictability, accountability, and a larger view to the Commission’s governing structure by specifying clear appointment terms and term limits, and adding a member appointed by the Governor to provide a statewide viewpoint. The recommendations also include requiring stricter controls over use of the Authority’s Promotion and Development Fund, a nagging source of controversy; allowing for a robust, standard internal audit function; and upgrading its approach to strategic and financial planning, public involvement, and procurement. The Authority has already identified some of these areas for improvement and has begun work to address them, turning the organization in the right direction. Ultimately, however, only a committed leadership at the top can reset the culture of the organization to ensure these critical changes are meaningful and lasting. Port of Houston Authority Sunset Final Report with Legislative Action Summary 1 July 2013 Sunset Advisory Commission An area of interest not addressed in the Sunset review of the Authority, but which may merit further consideration by the Legislature, is the State’s approach to ports generally. Unlike many other states, Texas leaves the strategic vision, funding, and coordination of port activities up to locally created organizations, mostly county navigation districts. While this approach has historically produced a wealth of local economic development successes, a more comprehensive regional or even statewide approach could offer real advantages for the movement of goods through the broader transportation infrastructure and economy. Current trends in freight logistics combined with projected growth will likely stretch the limits of the State’s current piecemeal approach to transportation planning, which lacks focused integration of discrete modes of transportation such as roads, rail, and waterways. These topics are currently being studied by many entities, including the House and Senate transportation committees and a special workgroup organized by the Texas Department of Transportation. Unlike state agencies, the Authority