Texas 2017 - 85th Regular

Texas House Bill HB4308 Compare Versions

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1	1	85R19780 JXC-D
2	2	By: Faircloth H.B. No. 4308
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Gulf Coast Waste Disposal Authority and expanding
8	8	the territory and powers of the authority; authorizing fees and the
9	9	issuance of bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1.01, Chapter 409, Acts of the 61st
12	12	Legislature, Regular Session, 1969, is amended to read as follows:
13	13	Sec. 1.01. PURPOSE. The purpose of this Act is to:
14	14	(1) establish an instrumentality for developing and
15	15	effectuating for the upper Gulf Coast region in this state
16	16	[Chambers, Galveston, and Harris Counties] a regional water quality
17	17	management program including provision of waste disposal and water
18	18	systems and regulation of disposal of wastes; and
19	19	(2) establish an instrumentality for operating and
20	20	maintaining a coastal barrier constructed with federal funds to
21	21	protect the upper Gulf Coast region in this state from
22	22	hurricane-induced storm surges.
23	23	SECTION 2. Section 1.02, Chapter 409, Acts of the 61st
24	24	Legislature, Regular Session, 1969, is amended to read as follows:
25	25	Sec. 1.02. FINDINGS AND DECLARATION OF POLICY. The
26	26	legislature finds [It is hereby found and declared] that:
27	27	(1) the quality of waters in the upper Gulf Coast
28	28	region in this state [Chambers, Galveston, and Harris Counties] is
29	29	materially affected by the disposal of wastes [throughout those
30	30	counties];
31	31	(2) [that] regional approaches to studying water
32	32	pollution in that region [these counties], [to] planning corrective
33	33	and preventive measures, [to] providing coordinated facilities for
34	34	waste disposal, and [to] regulating waste disposal would be far
35	35	more effective than efforts on a county-wide, city-wide, or smaller
36	36	scale;
37	37	(3) [that] solid wastes, as well as other kinds of
38	38	waste, may impair water quality by seepage, drainage, and
39	39	otherwise;
40	40	(4) [that] creation of the Gulf Coast Waste Disposal
41	41	Authority would advance the established policy of the state to
42	42	maintain the quality of the waters in the state consistent with the
43	43	public health and public enjoyment thereof, the propagation and
44	44	protection of terrestrial and aquatic life, the operation of
45	45	existing industries, and the economic development of the state;
46	46	(5) [and that] impending shortage of water in the
47	47	district for beneficial uses requires that all reasonable measures
48	48	be taken to prevent and abate water pollution, and to reclaim
49	49	polluted water for beneficial uses; and
50	50	(6) the territory in the upper Gulf Coast region in
51	51	this state is vulnerable to damage from hurricane-induced storm
52	52	surges and that granting the Gulf Coast Waste Disposal Authority
53	53	the power to operate and maintain a coastal barrier constructed
54	54	with federal funds would advance the public purpose of protecting
55	55	the upper Gulf Coast region in this state from hurricane-induced
56	56	storm surges.
57	57	SECTION 3. Section 1.03(a), Chapter 409, Acts of the 61st
58	58	Legislature, Regular Session, 1969, is amended by adding
59	59	Subdivision (24) to read as follows:
60	60	(24) "Coastal spine" means a coastal barrier to
61	61	protect the upper Gulf Coast region in this state from
62	62	hurricane-induced storm surges.
63	63	SECTION 4. Section 2.02, Chapter 409, Acts of the 61st
64	64	Legislature, Regular Session, 1969, is amended to read as follows:
65	65	Sec. 2.02. DESCRIPTION. (a) Except as provided by
66	66	Subsection (b) of this section, the [The] authority's territory
67	67	consists of [the area inside the boundaries of] Chambers,
68	68	Galveston, and Harris Counties.
69	69	(b) On the date the authority adopts a resolution under
70	70	Section 3A.01 of this Act stating that the requirements of that
71	71	section have been met, the authority's territory consists of
72	72	Brazoria, Chambers, Galveston, Harris, Jefferson, and Orange
73	73	Counties.
74	74	(c) The Legislature declares that all the area included in
75	75	the authority's territory [district] will be benefited by the
76	76	exercise of the powers conferred by this Act.
77	77	SECTION 5. Section 2.03, Chapter 409, Acts of the 61st
78	78	Legislature, Regular Session, 1969, is amended by amending
79	79	Subsections (b) and (e) and adding Subsections (f), (g), and (h) to
80	80	read as follows:
81	81	(b) Except as provided by Subsection (g) of this section,
82	82	the [The] board consists of nine voting directors.
83	83	(e) The [From each county within the district, the]
84	84	municipalities waste disposal councils [council] of Chambers,
85	85	Galveston, and Harris Counties each [that county, hereinafter
86	86	created,] shall appoint one director.
87	87	(f) The board may appoint one or more persons to the board to
88	88	serve as nonvoting directors for any term.
89	89	(g) On the date the authority adopts a resolution under
90	90	Section 3A.01 of this Act stating that the requirements of that
91	91	section have been met, the board consists of eighteen voting
92	92	directors.
93	93	(h) If the board consists of eighteen voting directors, as
94	94	provided by Subsection (g) of this section, in addition to
95	95	appointments made under Subsections (c), (d), and (e) of this
96	96	section, the appointment councils of Brazoria, Jefferson, and
97	97	Orange Counties each shall appoint one voting director.
98	98	SECTION 6. Section 2.05, Chapter 409, Acts of the 61st
99	99	Legislature, Regular Session, 1969, is amended by amending
100	100	Subsections (a) and (c) and adding Subsections (a-1), (a-2), (c-1),
101	101	(c-2), and (g) to read as follows:
102	102	(a) A director's term of office shall be two years,
103	103	commencing September 1 of the year in which the director is
104	104	appointed [of his appointment, except that four directors of the
105	105	first board shall have one-year terms, in order to obtain staggered
106	106	terms. When the directors have been appointed, they shall draw lots
107	107	to determine which have one-year terms].
108	108	(a-1) If the board has nine voting directors, as provided by
109	109	Section 2.03(b) of this Act, the directors' terms must be staggered
110	110	so that the terms of not more than five directors expire in a single
111	111	year.
112	112	(a-2) If the board has eighteen voting directors, as
113	113	provided by Section 2.03(g) of this Act, the directors' terms must
114	114	be staggered so that the terms of not more than 10 directors expire
115	115	in a single year.
116	116	(c) There are [hereby] created:
117	117	(1) the Municipalities Waste Disposal Council of
118	118	Chambers County, [which shall be] composed of the mayors of each and
119	119	all of the incorporated cities and towns the city hall of which is
120	120	situated within Chambers County;
121	121	(2) the Municipalities Waste Disposal Council of
122	122	Galveston County, [which shall be] composed of the mayors of each
123	123	and all of the incorporated cities and towns the city hall of which
124	124	is situated within Galveston County; and
125	125	(3) the Municipalities Waste Disposal Council of
126	126	Harris County, [which shall be] composed of the mayors of each and
127	127	all of the incorporated cities and towns the city hall of which is
128	128	situated within Harris County.
129	129	(c-1) On the date the authority adopts a resolution under
130	130	Section 3A.01 of this Act stating that the requirements of that
131	131	section have been met, there are created:
132	132	(1) the Appointment Council of Brazoria County,
133	133	composed of the mayors of the municipalities in Brazoria County;
134	134	(2) the Appointment Council of Jefferson County,
135	135	composed of the mayors of the municipalities in Jefferson County;
136	136	and
137	137	(3) the Appointment Council of Orange County, composed
138	138	of the mayors of the municipalities in Orange County.
139	139	(c-2) The sole function of the [these] councils created
140	140	under Subsections (c) and (c-1) of this section is [shall be] the
141	141	selection of directors. Each [The temporary chairman of each
142	142	council shall be the mayor of the county seat. Promptly after this
143	143	Act becomes effective, each municipalities waste disposal council
144	144	shall meet at a time and place designated by its temporary chairman
145	145	after notice of the time and place of that meeting has been mailed
146	146	by the temporary chairman to each member of the council at least 48
147	147	hours prior to the time fixed for the meeting. At that meeting,
148	148	the] council shall elect a chairman, vice-chairman, and secretary,
149	149	and shall adopt such bylaws relating to the conduct of its affairs
150	150	as the council shall determine to be necessary.
151	151	(g) Subsection (f) of this section governs the appointment
152	152	of directors by appointment councils created under Subsection (c-1)
153	153	of this section in the same way that Subsection (f) of this section
154	154	governs appointments by municipal waste disposal councils.
155	155	SECTION 7. Subchapter 2, Chapter 409, Acts of the 61st
156	156	Legislature, Regular Session, 1969, is amended by adding Section
157	157	2.17 to read as follows:
158	158	Sec. 2.17. ADVISORY BOARD. (a) The Coastal Spine Advisory
159	159	Board shall advise the authority board during the construction of a
160	160	coastal spine that is to be operated and maintained by the authority
161	161	on matters related to the operation and maintenance of the coastal
162	162	spine.
163	163	(b) The advisory board is not required to be appointed or to
164	164	meet unless the authority has adopted a resolution under Section
165	165	3A.01 of this Act stating that the requirements of that section have
166	166	been met.
167	167	(c) The advisory board is composed of seven members as
168	168	follows:
169	169	(1) one member appointed by the governor;
170	170	(2) one member appointed by the lieutenant governor;
171	171	(3) one member appointed by the speaker of the house of
172	172	representatives;
173	173	(4) one member appointed by the Texas Commission on
174	174	Environmental Quality;
175	175	(5) one member appointed by the Parks and Wildlife
176	176	Commission;
177	177	(6) the commissioner of the General Land Office, or
178	178	the commissioner's designee; and
179	179	(7) one member of the authority board chosen by the
180	180	authority board.
181	181	(d) The advisory board is not authorized to act on behalf of
182	182	the authority without the approval of the authority board.
183	183	(e) The advisory board shall:
184	184	(1) select from among its members a presiding officer;
185	185	and
186	186	(2) adopt provisions to determine the terms of board
187	187	members and stagger the members' terms and other provisions
188	188	necessary to administer the board.
189	189	(f) An advisory board member is not entitled to
190	190	reimbursement of expenses or to compensation.
191	191	(g) The advisory board may appoint one or more persons to
192	192	the advisory board to serve as nonvoting members.
193	193	(h) If the authority board determines that construction of a
194	194	coastal spine is complete:
195	195	(1) the advisory board is abolished as of the date the
196	196	authority board makes the determination; and
197	197	(2) the authority board shall notify each appointing
198	198	person and entity named in Subsection (c) of this section that the
199	199	advisory board is abolished.
200	200	SECTION 8. Chapter 409, Acts of the 61st Legislature,
201	201	Regular Session, 1969, is amended by adding Subchapter 3A to read as
202	202	follows:
203	203	SUBCHAPTER 3A. COASTAL SPINE
204	204	Sec. 3A.01. COASTAL SPINE CONTINGENT ON FEDERAL FUNDING AND
205	205	FINDING OF SUFFICIENT REVENUE. The authority may not begin to
206	206	operate or maintain a coastal spine, exercise a power granted to the
207	207	authority under this subchapter, or otherwise exercise a power
208	208	granted to the authority by this Act in support of the operation or
209	209	maintenance of a coastal spine unless:
210	210	(1) the federal government approves money for the
211	211	construction of a coastal spine in this state;
212	212	(2) the authority determines that the authority's
213	213	revenue sources, or projected revenue sources, authorized for use
214	214	for the operation and maintenance of a coastal spine under Section
215	215	3A.03 of this Act are sufficient to cover the cost of operating and
216	216	maintaining a coastal spine; and
217	217	(3) the authority adopts a resolution stating that the
218	218	requirements of Subdivisions (1) and (2) of this section have been
219	219	met and submits a copy of the resolution to the legislature.
220	220	Sec. 3A.02. GENERAL POWERS AND DUTIES. (a) The authority
221	221	is authorized to operate and maintain a coastal spine in the manner
222	222	provided by this subchapter.
223	223	(b) The authority may exercise a power granted to the
224	224	authority by Subchapter 3 of this Act to support the operation and
225	225	maintenance of a coastal spine.
226	226	(c) A duty assigned to the authority under Subchapter 3 of
227	227	this Act that relates to the authority's duty to develop and
228	228	effectuate a regional water quality management program does not
229	229	apply to the operation or maintenance of a coastal spine by the
230	230	authority unless otherwise provided by this subchapter.
231	231	(d) A coastal spine may be operated and maintained inside or
232	232	outside the territory of the authority.
233	233	(e) The authority may convey material and rights produced or
234	234	acquired during the operation or maintenance of a coastal spine,
235	235	including spoil, dredged material, and development rights.
236	236	(f) The authority may:
237	237	(1) apply for a permit for an activity related to the
238	238	operation or maintenance of a coastal spine; and
239	239	(2) seek other necessary approvals for the operation
240	240	or maintenance of a coastal spine from a state or federal agency.
241	241	Sec. 3A.03. USE OF FUNDS FOR COASTAL SPINE. The authority
242	242	may operate and maintain a coastal spine using money available to
243	243	the authority, including tax revenue, only if the money is not
244	244	related to the authority's waste disposal, pollution control,
245	245	wastewater treatment, water reuse, water systems, or solid waste
246	246	operations.
247	247	Sec. 3A.04. MASTER PLAN. (a) In addition to the master
248	248	plan developed under Section 3.10 of this Act, the authority shall
249	249	develop, prepare, and revise, as needed, a master plan for the
250	250	operation and maintenance of a coastal spine.
251	251	(b) The authority shall submit the first master plan and any
252	252	revised versions of the master plan to the General Land Office
253	253	before implementing the plan. The General Land Office may approve
254	254	or disapprove a plan submitted under this section. If the General
255	255	Land Office does not issue a decision on a plan submitted under this
256	256	section before the 31st day after the date the General Land Office
257	257	receives the plan, the plan is considered to be approved.
258	258	Sec. 3A.05. ACQUISITION. The authority may:
259	259	(1) purchase, lease, acquire by gift, maintain, use,
260	260	and operate facilities and systems related to the operation or
261	261	maintenance of a coastal spine; and
262	262	(2) acquire permits, licenses, and rights related to
263	263	the operation or maintenance of a coastal spine.
264	264	Sec. 3A.06. CONTRACTS. (a) The authority may make
265	265	contracts and execute instruments that are necessary or convenient
266	266	to the exercise of its powers, rights, duties, and functions under
267	267	this subchapter. The authority is authorized to execute all
268	268	appropriate documents and instruments in connection with the
269	269	contracts.
270	270	(b) The authority may enter into contracts for a purpose
271	271	related to the operation or maintenance of a coastal spine in the
272	272	manner that a municipal management district may enter into
273	273	contracts under Chapter 375, Local Government Code, as amended.
274	274	(c) The authority and all persons are authorized to enter
275	275	into contracts with respect to the operation or maintenance of a
276	276	coastal spine.
277	277	(d) A public agency or local government is authorized to:
278	278	(1) enter into a contract with the authority;
279	279	(2) determine, agree, and pledge that all or any part
280	280	of its payments under a contract with the authority shall be payable
281	281	from any source, subject only to the authorization by a majority
282	282	vote of the governing body of such public agency or local government
283	283	of the contract, pledge, and payments;
284	284	(3) use and pledge any available revenues or resources
285	285	for and to the payment of amounts due under a contract with the
286	286	authority as an additional source of payment or as the sole source
287	287	of payment and agree with the authority to assure the availability
288	288	of revenue and resources when required; and
289	289	(4) fix, charge, and collect impact fees and utility
290	290	charges, if the public agency or local government is otherwise
291	291	authorized to impose the fees and charges, and to use and pledge
292	292	revenue from the fees or charges to make payments to the authority
293	293	required under a contract with the authority.
294	294	(e) The authority and another governmental entity may enter
295	295	into a contract for the operation or maintenance of a coastal spine
296	296	in the same way that a political subdivision may contract with
297	297	another governmental entity under Chapter 472, Transportation
298	298	Code, to construct or maintain a road or highway.
299	299	(f) Notwithstanding Section 3.23(a) of this Act, a contract
300	300	related to the operation or maintenance of a coastal spine may be
301	301	for any term if the contract is approved by the General Land Office.
302	302	Sec. 3A.07. AGREEMENTS. (a) The authority may enter into a
303	303	cooperative agreement with a political subdivision, state agency,
304	304	or federal agency for a purpose related to the operation or
305	305	maintenance of a coastal spine.
306	306	(b) The authority may enter into an interlocal agreement
307	307	with a political subdivision for a purpose related to the operation
308	308	or maintenance of a coastal spine.
309	309	Sec. 3A.08. POWER TO REGULATE NAVIGATION. (a) The
310	310	authority has the powers provided to navigation districts by
311	311	Sections 60.043 and 62.118, Water Code, as amended.
312	312	(b) The authority may control and distribute storm water and
313	313	floodwater of rivers and streams in aid of navigation, in the manner
314	314	provided by Chapter 62, Water Code, as amended, for navigation
315	315	districts.
316	316	(c) For a purpose related to operating or maintaining a
317	317	coastal spine, an order or action of the authority supersedes an
318	318	order or action of a navigation district.
319	319	Sec. 3A.09. DEVELOPMENT CORPORATION POWERS. (a) The
320	320	authority may act as a unit, as defined by Section 501.002, Local
321	321	Government Code, to create a development corporation for a purpose
322	322	related to the operation or maintenance of a coastal spine.
323	323	(b) This section does not authorize the authority to impose
324	324	a sales tax.
325	325	Sec. 3A.10. LOCAL GOVERNMENT CORPORATION POWERS. (a) The
326	326	board by resolution may authorize the creation of a nonprofit
327	327	corporation to assist and act for the authority in operating or
328	328	maintaining a coastal spine.
329	329	(b) The nonprofit corporation:
330	330	(1) has each power of and is considered to be a local
331	331	government corporation created under Subchapter D, Chapter 431,
332	332	Transportation Code, as amended, including for the purposes of
333	333	Section 431.105, Transportation Code; and
334	334	(2) may implement a project related to the operation
335	335	or maintenance of a coastal spine.
336	336	(c) The board shall appoint the board of directors of the
337	337	nonprofit corporation. The board of directors of the nonprofit
338	338	corporation shall serve in the same manner as the board of directors
339	339	of a local government corporation created under Subchapter D,
340	340	Chapter 431, Transportation Code, as amended.
341	341	SECTION 9. Section 5.01(a), Chapter 409, Acts of the 61st
342	342	Legislature, Regular Session, 1969, is amended to read as follows:
343	343	(a) For the purpose of carrying out any power or authority
344	344	conferred by this Act, including the expense of preparing the
345	345	master plan and the payment of engineering and other expenses in
346	346	connection therewith, the authority is empowered to issue its bonds
347	347	in three general classes:
348	348	(1) bonds secured by ad valorem taxes;
349	349	(2) bonds secured by a pledge of all or part of the
350	350	revenues accruing to the authority, including [without limitation]
351	351	those received from:
352	352	(A) sale of water or other products;
353	353	(B) [,] rendition of service;
354	354	(C) [,] tolls;
355	355	(D) [,] charges;
356	356	(E) a contract entered into with a city or other
357	357	governmental agency, authority, or district related to the
358	358	operation or maintenance of a coastal spine;[,] and
359	359	(F) [from] all other sources other than ad
360	360	valorem taxes; and
361	361	(3) bonds secured by a combination pledge of all or
362	362	part of the revenues described in Subdivision (2) of this
363	363	subsection[,] and taxes.
364	364	SECTION 10. Subchapter 5, Chapter 409, Acts of the 61st
365	365	Legislature, Regular Session, 1969, is amended by adding Section
366	366	5.10 to read as follows:
367	367	Sec. 5.10. CATASTROPHE BONDS. A corporation created by the
368	368	authority under Section 3A.09 or 3A.10 of this Act may issue a
369	369	security with a condition that the corporation's obligation to pay
370	370	interest or repay the principal is deferred or forgiven if the
371	371	corporation suffers a loss from a particular predefined
372	372	catastrophe.
373	373	SECTION 11. If the territory of the Gulf Coast Waste
374	374	Disposal Authority is expanded, the initial directors from
375	375	Brazoria, Jefferson, and Orange Counties under Sections 2.03 and
376	376	2.05, Chapter 409, Acts of the 61st Legislature, Regular Session,
377	377	1969, as amended by this Act, shall draw lots to determine which
378	378	director or directors will serve one-year terms and which will
379	379	serve two-year terms to fulfill the staggered terms requirement of
380	380	Section 2.05, Chapter 409, Acts of the 61st Legislature, Regular
381	381	Session, 1969, as amended by this Act.
382	382	SECTION 12. If the territory of the Gulf Coast Waste
383	383	Disposal Authority is expanded, the temporary chairman of each
384	384	appointment council created under Section 2.05(c-1), Chapter 409,
385	385	Acts of the 61st Legislature, Regular Session, 1969, as added by
386	386	this Act, for Brazoria, Jefferson, and Orange Counties shall be the
387	387	mayor of the county seat for that county. Promptly after the date
388	388	the councils are created, each council shall meet at a time and
389	389	place designated by the temporary chairman to elect a chairman,
390	390	vice-chairman, and secretary and adopt bylaws relating to the
391	391	conduct of council affairs.
392	392	SECTION 13. (a) The legal notice of the intention to
393	393	introduce this Act, setting forth the general substance of this
394	394	Act, has been published as provided by law, and the notice and a
395	395	copy of this Act have been furnished to all persons, agencies,
396	396	officials, or entities to which they are required to be furnished
397	397	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
398	398	Government Code.
399	399	(b) The governor, one of the required recipients, has
400	400	submitted the notice and Act to the Texas Commission on
401	401	Environmental Quality.
402	402	(c) The Texas Commission on Environmental Quality has filed
403	403	its recommendations relating to this Act with the governor,
404	404	lieutenant governor, and speaker of the house of representatives
405	405	within the required time.
406	406	(d) All requirements of the constitution and laws of this
407	407	state and the rules and procedures of the legislature with respect
408	408	to the notice, introduction, and passage of this Act have been
409	409	fulfilled and accomplished.
410	410	SECTION 14. This Act takes effect immediately if it
411	411	receives a vote of two-thirds of all the members elected to each
412	412	house, as provided by Section 39, Article III, Texas Constitution.
413	413	If this Act does not receive the vote necessary for immediate
414	414	effect, this Act takes effect September 1, 2017.