85R19780 JXC-D
By: Faircloth H.B. No. 4308
A BILL TO BE ENTITLED
AN ACT
relating to the Gulf Coast Waste Disposal Authority and expanding
the territory and powers of the authority; authorizing fees and the
issuance of bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.01, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
Sec. 1.01. PURPOSE. The purpose of this Act is to:
(1) establish an instrumentality for developing and
effectuating for the upper Gulf Coast region in this state
[Chambers, Galveston, and Harris Counties] a regional water quality
management program including provision of waste disposal and water
systems and regulation of disposal of wastes; and
(2) establish an instrumentality for operating and
maintaining a coastal barrier constructed with federal funds to
protect the upper Gulf Coast region in this state from
hurricane-induced storm surges.
SECTION 2. Section 1.02, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
Sec. 1.02. FINDINGS AND DECLARATION OF POLICY. The
legislature finds [It is hereby found and declared] that:
(1) the quality of waters in the upper Gulf Coast
region in this state [Chambers, Galveston, and Harris Counties] is
materially affected by the disposal of wastes [throughout those
counties];
(2) [that] regional approaches to studying water
pollution in that region [these counties], [to] planning corrective
and preventive measures, [to] providing coordinated facilities for
waste disposal, and [to] regulating waste disposal would be far
more effective than efforts on a county-wide, city-wide, or smaller
scale;
(3) [that] solid wastes, as well as other kinds of
waste, may impair water quality by seepage, drainage, and
otherwise;
(4) [that] creation of the Gulf Coast Waste Disposal
Authority would advance the established policy of the state to
maintain the quality of the waters in the state consistent with the
public health and public enjoyment thereof, the propagation and
protection of terrestrial and aquatic life, the operation of
existing industries, and the economic development of the state;
(5) [and that] impending shortage of water in the
district for beneficial uses requires that all reasonable measures
be taken to prevent and abate water pollution, and to reclaim
polluted water for beneficial uses; and
(6) the territory in the upper Gulf Coast region in
this state is vulnerable to damage from hurricane-induced storm
surges and that granting the Gulf Coast Waste Disposal Authority
the power to operate and maintain a coastal barrier constructed
with federal funds would advance the public purpose of protecting
the upper Gulf Coast region in this state from hurricane-induced
storm surges.
SECTION 3. Section 1.03(a), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by adding
Subdivision (24) to read as follows:
(24) "Coastal spine" means a coastal barrier to
protect the upper Gulf Coast region in this state from
hurricane-induced storm surges.
SECTION 4. Section 2.02, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
Sec. 2.02. DESCRIPTION. (a) Except as provided by
Subsection (b) of this section, the [The] authority's territory
consists of [the area inside the boundaries of] Chambers,
Galveston, and Harris Counties.
(b) On the date the authority adopts a resolution under
Section 3A.01 of this Act stating that the requirements of that
section have been met, the authority's territory consists of
Brazoria, Chambers, Galveston, Harris, Jefferson, and Orange
Counties.
(c) The Legislature declares that all the area included in
the authority's territory [district] will be benefited by the
exercise of the powers conferred by this Act.
SECTION 5. Section 2.03, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by amending
Subsections (b) and (e) and adding Subsections (f), (g), and (h) to
read as follows:
(b) Except as provided by Subsection (g) of this section,
the [The] board consists of nine voting directors.
(e) The [From each county within the district, the]
municipalities waste disposal councils [council] of Chambers,
Galveston, and Harris Counties each [that county, hereinafter
created,] shall appoint one director.
(f) The board may appoint one or more persons to the board to
serve as nonvoting directors for any term.
(g) On the date the authority adopts a resolution under
Section 3A.01 of this Act stating that the requirements of that
section have been met, the board consists of eighteen voting
directors.
(h) If the board consists of eighteen voting directors, as
provided by Subsection (g) of this section, in addition to
appointments made under Subsections (c), (d), and (e) of this
section, the appointment councils of Brazoria, Jefferson, and
Orange Counties each shall appoint one voting director.
SECTION 6. Section 2.05, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by amending
Subsections (a) and (c) and adding Subsections (a-1), (a-2), (c-1),
(c-2), and (g) to read as follows:
(a) A director's term of office shall be two years,
commencing September 1 of the year in which the director is
appointed [of his appointment, except that four directors of the
first board shall have one-year terms, in order to obtain staggered
terms. When the directors have been appointed, they shall draw lots
to determine which have one-year terms].
(a-1) If the board has nine voting directors, as provided by
Section 2.03(b) of this Act, the directors' terms must be staggered
so that the terms of not more than five directors expire in a single
year.
(a-2) If the board has eighteen voting directors, as
provided by Section 2.03(g) of this Act, the directors' terms must
be staggered so that the terms of not more than 10 directors expire
in a single year.
(c) There are [hereby] created:
(1) the Municipalities Waste Disposal Council of
Chambers County, [which shall be] composed of the mayors of each and
all of the incorporated cities and towns the city hall of which is
situated within Chambers County;
(2) the Municipalities Waste Disposal Council of
Galveston County, [which shall be] composed of the mayors of each
and all of the incorporated cities and towns the city hall of which
is situated within Galveston County; and
(3) the Municipalities Waste Disposal Council of
Harris County, [which shall be] composed of the mayors of each and
all of the incorporated cities and towns the city hall of which is
situated within Harris County.
(c-1) On the date the authority adopts a resolution under
Section 3A.01 of this Act stating that the requirements of that
section have been met, there are created:
(1) the Appointment Council of Brazoria County,
composed of the mayors of the municipalities in Brazoria County;
(2) the Appointment Council of Jefferson County,
composed of the mayors of the municipalities in Jefferson County;
and
(3) the Appointment Council of Orange County, composed
of the mayors of the municipalities in Orange County.
(c-2) The sole function of the [these] councils created
under Subsections (c) and (c-1) of this section is [shall be] the
selection of directors. Each [The temporary chairman of each
council shall be the mayor of the county seat. Promptly after this
Act becomes effective, each municipalities waste disposal council
shall meet at a time and place designated by its temporary chairman
after notice of the time and place of that meeting has been mailed
by the temporary chairman to each member of the council at least 48
hours prior to the time fixed for the meeting. At that meeting,
the] council shall elect a chairman, vice-chairman, and secretary,
and shall adopt such bylaws relating to the conduct of its affairs
as the council shall determine to be necessary.
(g) Subsection (f) of this section governs the appointment
of directors by appointment councils created under Subsection (c-1)
of this section in the same way that Subsection (f) of this section
governs appointments by municipal waste disposal councils.
SECTION 7. Subchapter 2, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by adding Section
2.17 to read as follows:
Sec. 2.17. ADVISORY BOARD. (a) The Coastal Spine Advisory
Board shall advise the authority board during the construction of a
coastal spine that is to be operated and maintained by the authority
on matters related to the operation and maintenance of the coastal
spine.
(b) The advisory board is not required to be appointed or to
meet unless the authority has adopted a resolution under Section
3A.01 of this Act stating that the requirements of that section have
been met.
(c) The advisory board is composed of seven members as
follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the Texas Commission on
Environmental Quality;
(5) one member appointed by the Parks and Wildlife
Commission;
(6) the commissioner of the General Land Office, or
the commissioner's designee; and
(7) one member of the authority board chosen by the
authority board.
(d) The advisory board is not authorized to act on behalf of
the authority without the approval of the authority board.
(e) The advisory board shall:
(1) select from among its members a presiding officer;
and
(2) adopt provisions to determine the terms of board
members and stagger the members' terms and other provisions
necessary to administer the board.
(f) An advisory board member is not entitled to
reimbursement of expenses or to compensation.
(g) The advisory board may appoint one or more persons to
the advisory board to serve as nonvoting members.
(h) If the authority board determines that construction of a
coastal spine is complete:
(1) the advisory board is abolished as of the date the
authority board makes the determination; and
(2) the authority board shall notify each appointing
person and entity named in Subsection (c) of this section that the
advisory board is abolished.
SECTION 8. Chapter 409, Acts of the 61st Legislature,
Regular Session, 1969, is amended by adding Subchapter 3A to read as
follows:
SUBCHAPTER 3A. COASTAL SPINE
Sec. 3A.01. COASTAL SPINE CONTINGENT ON FEDERAL FUNDING AND
FINDING OF SUFFICIENT REVENUE. The authority may not begin to
operate or maintain a coastal spine, exercise a power granted to the
authority under this subchapter, or otherwise exercise a power
granted to the authority by this Act in support of the operation or
maintenance of a coastal spine unless:
(1) the federal government approves money for the
construction of a coastal spine in this state;
(2) the authority determines that the authority's
revenue sources, or projected revenue sources, authorized for use
for the operation and maintenance of a coastal spine under Section
3A.03 of this Act are sufficient to cover the cost of operating and
maintaining a coastal spine; and
(3) the authority adopts a resolution stating that the
requirements of Subdivisions (1) and (2) of this section have been
met and submits a copy of the resolution to the legislature.
Sec. 3A.02. GENERAL POWERS AND DUTIES. (a) The authority
is authorized to operate and maintain a coastal spine in the manner
provided by this subchapter.
(b) The authority may exercise a power granted to the
authority by Subchapter 3 of this Act to support the operation and
maintenance of a coastal spine.
(c) A duty assigned to the authority under Subchapter 3 of
this Act that relates to the authority's duty to develop and
effectuate a regional water quality management program does not
apply to the operation or maintenance of a coastal spine by the
authority unless otherwise provided by this subchapter.
(d) A coastal spine may be operated and maintained inside or
outside the territory of the authority.
(e) The authority may convey material and rights produced or
acquired during the operation or maintenance of a coastal spine,
including spoil, dredged material, and development rights.
(f) The authority may:
(1) apply for a permit for an activity related to the
operation or maintenance of a coastal spine; and
(2) seek other necessary approvals for the operation
or maintenance of a coastal spine from a state or federal agency.
Sec. 3A.03. USE OF FUNDS FOR COASTAL SPINE. The authority
may operate and maintain a coastal spine using money available to
the authority, including tax revenue, only if the money is not
related to the authority's waste disposal, pollution control,
wastewater treatment, water reuse, water systems, or solid waste
operations.
Sec. 3A.04. MASTER PLAN. (a) In addition to the master
plan developed under Section 3.10 of this Act, the authority shall
develop, prepare, and revise, as needed, a master plan for the
operation and maintenance of a coastal spine.
(b) The authority shall submit the first master plan and any
revised versions of the master plan to the General Land Office
before implementing the plan. The General Land Office may approve
or disapprove a plan submitted under this section. If the General
Land Office does not issue a decision on a plan submitted under this
section before the 31st day after the date the General Land Office
receives the plan, the plan is considered to be approved.
Sec. 3A.05. ACQUISITION. The authority may:
(1) purchase, lease, acquire by gift, maintain, use,
and operate facilities and systems related to the operation or
maintenance of a coastal spine; and
(2) acquire permits, licenses, and rights related to
the operation or maintenance of a coastal spine.
Sec. 3A.06. CONTRACTS. (a) The authority may make
contracts and execute instruments that are necessary or convenient
to the exercise of its powers, rights, duties, and functions under
this subchapter. The authority is authorized to execute all
appropriate documents and instruments in connection with the
contracts.
(b) The authority may enter into contracts for a purpose
related to the operation or maintenance of a coastal spine in the
manner that a municipal management district may enter into
contracts under Chapter 375, Local Government Code, as amended.
(c) The authority and all persons are authorized to enter
into contracts with respect to the operation or maintenance of a
coastal spine.
(d) A public agency or local government is authorized to:
(1) enter into a contract with the authority;
(2) determine, agree, and pledge that all or any part
of its payments under a contract with the authority shall be payable
from any source, subject only to the authorization by a majority
vote of the governing body of such public agency or local government
of the contract, pledge, and payments;
(3) use and pledge any available revenues or resources
for and to the payment of amounts due under a contract with the
authority as an additional source of payment or as the sole source
of payment and agree with the authority to assure the availability
of revenue and resources when required; and
(4) fix, charge, and collect impact fees and utility
charges, if the public agency or local government is otherwise
authorized to impose the fees and charges, and to use and pledge
revenue from the fees or charges to make payments to the authority
required under a contract with the authority.
(e) The authority and another governmental entity may enter
into a contract for the operation or maintenance of a coastal spine
in the same way that a political subdivision may contract with
another governmental entity under Chapter 472, Transportation
Code, to construct or maintain a road or highway.
(f) Notwithstanding Section 3.23(a) of this Act, a contract
related to the operation or maintenance of a coastal spine may be
for any term if the contract is approved by the General Land Office.
Sec. 3A.07. AGREEMENTS. (a) The authority may enter into a
cooperative agreement with a political subdivision, state agency,
or federal agency for a purpose related to the operation or
maintenance of a coastal spine.
(b) The authority may enter into an interlocal agreement
with a political subdivision for a purpose related to the operation
or maintenance of a coastal spine.
Sec. 3A.08. POWER TO REGULATE NAVIGATION. (a) The
authority has the powers provided to navigation districts by
Sections 60.043 and 62.118, Water Code, as amended.
(b) The authority may control and distribute storm water and
floodwater of rivers and streams in aid of navigation, in the manner
provided by Chapter 62, Water Code, as amended, for navigation
districts.
(c) For a purpose related to operating or maintaining a
coastal spine, an order or action of the authority supersedes an
order or action of a navigation district.
Sec. 3A.09. DEVELOPMENT CORPORATION POWERS. (a) The
authority may act as a unit, as defined by Section 501.002, Local
Government Code, to create a development corporation for a purpose
related to the operation or maintenance of a coastal spine.
(b) This section does not authorize the authority to impose
a sales tax.
Sec. 3A.10. LOCAL GOVERNMENT CORPORATION POWERS. (a) The
board by resolution may authorize the creation of a nonprofit
corporation to assist and act for the authority in operating or
maintaining a coastal spine.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code, as amended, including for the purposes of
Section 431.105, Transportation Code; and
(2) may implement a project related to the operation
or maintenance of a coastal spine.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, as amended.
SECTION 9. Section 5.01(a), Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended to read as follows:
(a) For the purpose of carrying out any power or authority
conferred by this Act, including the expense of preparing the
master plan and the payment of engineering and other expenses in
connection therewith, the authority is empowered to issue its bonds
in three general classes:
(1) bonds secured by ad valorem taxes;
(2) bonds secured by a pledge of all or part of the
revenues accruing to the authority, including [without limitation]
those received from:
(A) sale of water or other products;
(B) [,] rendition of service;
(C) [,] tolls;
(D) [,] charges;
(E) a contract entered into with a city or other
governmental agency, authority, or district related to the
operation or maintenance of a coastal spine;[,] and
(F) [from] all other sources other than ad
valorem taxes; and
(3) bonds secured by a combination pledge of all or
part of the revenues described in Subdivision (2) of this
subsection[,] and taxes.
SECTION 10. Subchapter 5, Chapter 409, Acts of the 61st
Legislature, Regular Session, 1969, is amended by adding Section
5.10 to read as follows:
Sec. 5.10. CATASTROPHE BONDS. A corporation created by the
authority under Section 3A.09 or 3A.10 of this Act may issue a
security with a condition that the corporation's obligation to pay
interest or repay the principal is deferred or forgiven if the
corporation suffers a loss from a particular predefined
catastrophe.
SECTION 11. If the territory of the Gulf Coast Waste
Disposal Authority is expanded, the initial directors from
Brazoria, Jefferson, and Orange Counties under Sections 2.03 and
2.05, Chapter 409, Acts of the 61st Legislature, Regular Session,
1969, as amended by this Act, shall draw lots to determine which
director or directors will serve one-year terms and which will
serve two-year terms to fulfill the staggered terms requirement of
Section 2.05, Chapter 409, Acts of the 61st Legislature, Regular
Session, 1969, as amended by this Act.
SECTION 12. If the territory of the Gulf Coast Waste
Disposal Authority is expanded, the temporary chairman of each
appointment council created under Section 2.05(c-1), Chapter 409,
Acts of the 61st Legislature, Regular Session, 1969, as added by
this Act, for Brazoria, Jefferson, and Orange Counties shall be the
mayor of the county seat for that county. Promptly after the date
the councils are created, each council shall meet at a time and
place designated by the temporary chairman to elect a chairman,
vice-chairman, and secretary and adopt bylaws relating to the
conduct of council affairs.
SECTION 13. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 14. 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.