Texas 2021 - 87th Regular

Texas House Bill HB3029 Compare Versions

Only one version of the bill is available at this time.

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1	1	87R7595 JXC-D
2	2	By: Paul H.B. No. 3029
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Gulf Coast Protection District;
8	8	providing authority to issue bonds; providing authority to impose
9	9	fees; providing authority to impose a tax; granting the power of
10	10	eminent domain.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle K, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 9502 to read as follows:
14	14	CHAPTER 9502. GULF COAST PROTECTION DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 9502.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Gulf Coast Protection
20	20	District.
21	21	(4) "Ecosystem restoration report" means the Sabine
22	22	Pass to Galveston Bay, Texas Coastal Storm Risk Management and
23	23	Ecosystem Restoration Final Integrated Feasibility
24	24	Report—Environmental Impact Statement issued by the Galveston
25	25	District, Southwestern Division, of the United States Army Corps of
26	26	Engineers in May 2017.
27	27	(5) "Protection and restoration study" means the
28	28	Coastal Texas Protection and Restoration Feasibility Study Final
29	29	Integrated Feasibility Report and Environmental Impact Statement
30	30	to be issued by the Galveston District, Southwestern Division, of
31	31	the United States Army Corps of Engineers, the draft version of
32	32	which was issued in October 2020.
33	33	Sec. 9502.0102. NATURE OF DISTRICT. The district is a
34	34	special district created under Section 59, Article XVI, Texas
35	35	Constitution.
36	36	Sec. 9502.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
37	37	(a) The creation of the district is essential to accomplish the
38	38	purposes of Section 59, Article XVI, Texas Constitution, and other
39	39	public purposes stated in this chapter.
40	40	(b) The creation of the district is necessary to establish
41	41	an instrumentality for protecting the coast in Brazoria, Chambers,
42	42	Galveston, Harris, Jefferson, and Orange Counties in the manner
43	43	provided by this chapter.
44	44	(c) The district is created to serve a public use and
45	45	benefit.
46	46	(d) All land and other property included in the boundaries
47	47	of the district will benefit from the works and projects
48	48	accomplished by the district.
49	49	Sec. 9502.0104. DISTRICT TERRITORY. (a) The district is
50	50	composed of the territory in Brazoria, Chambers, Galveston, Harris,
51	51	Jefferson, and Orange Counties and territory annexed to the
52	52	district as described by Subsection (b).
53	53	(b) The governing body of the district by order shall annex
54	54	to the district the territory of a county included in the protection
55	55	and restoration study at the request of the commissioners court of
56	56	that county.
57	57	Sec. 9502.0105. APPLICATION OF SUNSET ACT. (a) The
58	58	district is subject to review under Chapter 325, Government Code
59	59	(Texas Sunset Act), but may not be abolished under that chapter.
60	60	The review shall be conducted under Section 325.025, Government
61	61	Code, as if the authority were a state agency scheduled to be
62	62	abolished September 1, 2033, and every 12th year after that year.
63	63	(b) The limited review under this section must assess the
64	64	district's:
65	65	(1) governance;
66	66	(2) management;
67	67	(3) operating structure; and
68	68	(4) compliance with legislative requirements.
69	69	(c) The district shall pay the cost incurred by the Sunset
70	70	Advisory Commission in performing the review. The Sunset Advisory
71	71	Commission shall determine the cost, and the district shall pay the
72	72	amount promptly on receipt of a statement from the Sunset Advisory
73	73	Commission detailing the cost.
74	74	(d) The district may not be required to conduct a management
75	75	audit under Chapter 292, Title 30, Texas Administrative Code.
76	76	SUBCHAPTER B. BOARD OF DIRECTORS
77	77	Sec. 9502.0151. GOVERNING BODY; TERMS. (a) The district is
78	78	governed by a board of 11 directors appointed by the governor. The
79	79	governor shall consult with the commissioners courts of Brazoria
80	80	County, Chambers County, Galveston County, Harris County,
81	81	Jefferson County, and Orange County before appointing the board
82	82	members.
83	83	(b) Directors serve staggered four-year terms.
84	84	(c) When a director's term expires, the governor shall
85	85	appoint a successor.
86	86	(d) If a director's office becomes vacant by death,
87	87	resignation, or removal, the governor shall appoint a director to
88	88	serve for the remainder of the unexpired term.
89	89	(e) Notwithstanding Subsection (b), the governor shall
90	90	designate five initial directors to serve a first term of two years.
91	91	This subsection expires September 1, 2025.
92	92	Sec. 9502.0152. REMOVAL. The governor may remove a
93	93	director at any time and appoint a replacement director to serve the
94	94	remainder of the unexpired term.
95	95	Sec. 9502.0153. QUALIFICATION. To qualify for office, a
96	96	director must be a registered voter who resides in the district.
97	97	Sec. 9502.0154. CERTAIN CONFLICTS PROHIBITED. (a) An
98	98	individual is not eligible to serve as a director if, in the
99	99	preceding 24 months, the individual had an interest in or was
100	100	employed by or affiliated with a person who has submitted a bid or
101	101	entered into a contract for a district project.
102	102	(b) The board may not employ or appoint an individual
103	103	described by Subsection (a) to work for the district.
104	104	(c) A director may not be employed professionally for
105	105	remuneration in a profession related to the operation of the
106	106	district during the director's term of office.
107	107	Sec. 9502.0155. REIMBURSEMENT. A director is not entitled
108	108	to compensation but is entitled to reimbursement for necessary
109	109	expenses incurred in carrying out the duties and responsibilities
110	110	of the board.
111	111	Sec. 9502.0156. VOTING. A concurrence of a majority of the
112	112	directors is required for transacting any business of the district.
113	113	SUBCHAPTER C. POWERS AND DUTIES
114	114	Sec. 9502.0201. GENERAL DISTRICT POWERS. (a) Except as
115	115	provided by Subsection (b), the district may:
116	116	(1) establish, construct, extend, maintain, operate,
117	117	or improve a coastal barrier or storm surge gate in the manner
118	118	provided by Chapter 571, Local Government Code, for a county to
119	119	establish, construct, extend, maintain, or improve a seawall;
120	120	(2) exercise the authority granted to counties to
121	121	conduct any project described by Chapter 571, Local Government
122	122	Code;
123	123	(3) establish, construct, and maintain recreational
124	124	facilities for public use and environmental mitigation facilities
125	125	related to a project described by Subdivision (1) or (2); and
126	126	(4) establish, construct, maintain, or operate a
127	127	project recommended in the ecosystem restoration report or the
128	128	protection and restoration study.
129	129	(b) Sections 571.006, 571.007, 571.008, 571.009, and
130	130	571.010, Local Government Code, do not apply to the district.
131	131	Sec. 9502.0202. ELECTIONS REGARDING TAXES AND BONDS. (a)
132	132	The district must hold an election in the manner provided by Chapter
133	133	49, Water Code, to obtain voter approval before the district may
134	134	impose an ad valorem tax or issue bonds payable from ad valorem
135	135	taxes.
136	136	(b) The district, without an election, may issue bonds,
137	137	notes, or other obligations secured by revenue other than ad
138	138	valorem taxes.
139	139	Sec. 9502.0203. REQUIREMENTS FOR CERTAIN PROJECTS. If the
140	140	district enters into an agreement with another entity to implement
141	141	a project recommended in the ecosystem restoration report or the
142	142	protection and restoration study, the district:
143	143	(1) shall develop a maintenance and operation plan for
144	144	the project;
145	145	(2) may enter into a partnership with a private entity
146	146	to fund a local share of the cost of the project; and
147	147	(3) may use any available money to provide matching
148	148	funds to the United States Army Corps of Engineers to implement the
149	149	project.
150	150	Sec. 9502.0204. ACQUISITION AND DISPOSITION OF PROPERTY AND
151	151	RIGHTS. (a) The district may purchase, lease, acquire by gift,
152	152	maintain, use, and operate property of any kind appropriate for the
153	153	exercise of the district's functions.
154	154	(b) The district may acquire permits, licenses, and rights
155	155	related to the exercise of the district's functions.
156	156	Sec. 9502.0205. AGREEMENTS. (a) The district may enter
157	157	into a cooperative agreement with a political subdivision, state
158	158	agency, or federal agency for a purpose related to the operation or
159	159	maintenance of a district project.
160	160	(b) The district may enter into an interlocal agreement with
161	161	a political subdivision for a purpose related to the construction,
162	162	operation, or maintenance of a district project.
163	163	Sec. 9502.0206. CONTRACTS GENERALLY. (a) The district may
164	164	enter into contracts and execute instruments that are necessary or
165	165	convenient to the exercise of the district's powers, rights,
166	166	duties, and functions. A contract may be for any term, including
167	167	for the life of any facility or structure in the territory of the
168	168	district.
169	169	(b) The district and another governmental entity may enter
170	170	into a contract for the operation or maintenance of an authorized
171	171	project in the same way that a political subdivision may contract
172	172	with another governmental entity under Chapter 472, Transportation
173	173	Code, to construct or maintain a road or highway.
174	174	(c) A public agency or political subdivision is authorized
175	175	to:
176	176	(1) enter into a contract with the district;
177	177	(2) determine, agree, and pledge that all or any part
178	178	of its payments under a contract with the district shall be payable
179	179	from any source, subject only to the authorization by a majority
180	180	vote of the governing body of such public agency or political
181	181	subdivision of the contract, pledge, and payments;
182	182	(3) use and pledge any available revenues or resources
183	183	for and to the payment of amounts due under a contract with the
184	184	district as an additional source of payment or as the sole source of
185	185	payment and agree with the district to assure the availability of
186	186	revenue and resources when required; and
187	187	(4) fix, charge, and collect impact fees and utility
188	188	charges, if the public agency or political subdivision is otherwise
189	189	authorized to impose the fees and charges, and to use and pledge
190	190	revenue from the fees or charges to make payments to the district
191	191	required under a contract with the district.
192	192	Sec. 9502.0207. CERTAIN CONTRACTS. (a) This section
193	193	applies only to a contract for:
194	194	(1) construction or repair;
195	195	(2) purchase of material, equipment, or supplies; or
196	196	(3) services other than technical, scientific, legal,
197	197	fiscal, or other professional services.
198	198	(b) If a contract will require an estimated expenditure of
199	199	more than $25,000, or if a contract is for a term of more than five
200	200	years, the district shall:
201	201	(1) publish a notice to bidders once each week for
202	202	three consecutive weeks before the date set for awarding the
203	203	contract; and
204	204	(2) award the contract to the lowest and best bidder.
205	205	(c) The notice under Subsection (b) must:
206	206	(1) state the time and place the bids will be opened;
207	207	(2) describe:
208	208	(A) the general nature of the work to be done;
209	209	(B) the material, equipment, or supplies to be
210	210	purchased; or
211	211	(C) the nonprofessional services to be rendered;
212	212	and
213	213	(3) state the terms on which copies of the plans,
214	214	specifications, or other pertinent information may be obtained.
215	215	(d) The notice must be published in a newspaper of general
216	216	circulation in the county or counties in which the contract is to be
217	217	performed. In addition to publishing notice in a newspaper of
218	218	general circulation, the notice may also be published in any other
219	219	appropriate publication.
220	220	(e) A person desiring to bid on the construction of any work
221	221	advertised as provided by this section shall, on written
222	222	application to the board, be furnished with a copy of the detailed
223	223	plans and specifications or other detailed engineering and
224	224	architectural documents showing the work to be done. The district
225	225	may charge a fee to cover the cost of providing the copy.
226	226	(f) All bids must be in writing, sealed and delivered to the
227	227	board, and accompanied by a certified check on a bank located in
228	228	this state, or a bid bond from a company approved by the board, in an
229	229	amount equal to at least one percent of the total amount bid.
230	230	(g) The amount of the check or bond shall be forfeited to the
231	231	district if the successful bidder fails or refuses to:
232	232	(1) enter into a proper contract; or
233	233	(2) furnish bond as required by law.
234	234	(h) The board may reject any or all bids.
235	235	(i) Bids shall be opened at the time and place specified in
236	236	the notice and shall be announced by the board. The place where the
237	237	bids are opened and announced must be open to the public.
238	238	(j) The contract price of all construction contracts of the
239	239	district may be made in partial payment as the work progresses, but
240	240	the payments may not exceed 90 percent of the amount due at the time
241	241	of each payment. The board shall, during the progress of the work,
242	242	inspect the work or cause the work to be inspected by a district
243	243	employee. On the completion of any contract in accordance with the
244	244	contract's terms, the board shall pay the balance due on the
245	245	contract.
246	246	(k) The person to whom a contract is awarded shall provide
247	247	the performance and payment bonds required by law.
248	248	(l) This section does not prohibit the district from
249	249	purchasing surplus property from the United States by contract and
250	250	without advertising for bids.
251	251	(m) An officer, agent, or employee of the district who has a
252	252	financial interest in a contract of the types described by
253	253	Subsection (a) shall disclose that fact to the board before the
254	254	board votes on the acceptance of the contract.
255	255	(n) Notwithstanding any provision of any charter of any
256	256	municipality, contracts between the authority and a municipality
257	257	are not required to be approved by the voters of the municipality at
258	258	an election.
259	259	(o) In an emergency, the district is not required to comply
260	260	with the bidding procedures described by this section and may award
261	261	a contract necessary to protect and preserve the public health and
262	262	welfare or the properties of the district.
263	263	Sec. 9502.0208. NAVIGATION DISTRICT AUTHORITY. Except as
264	264	provided by Section 9502.0209(b), an order or action of a
265	265	navigation district relating to the operation or maintenance of a
266	266	district project supersedes an order or action of the district to
267	267	the extent of any conflict.
268	268	Sec. 9502.0209. AUTHORITY TO DEVELOP BARRIER CLOSURE
269	269	PROCEDURES. (a) If the district implements a project to create a
270	270	coastal barrier, the district shall develop closure procedures in
271	271	conjunction with each navigation district affected by the barrier
272	272	or closure.
273	273	(b) A navigation district may not unilaterally stop a
274	274	closure that is proceeding in accordance with procedures developed
275	275	under this section.
276	276	Sec. 9502.0210. ANNUAL REPORT REQUIRED. The district shall
277	277	annually submit a report to the legislature, the Legislative Budget
278	278	Board, the General Land Office, and the commissioners court of each
279	279	county in which the district is located. The report must:
280	280	(1) describe the district's financial condition and
281	281	operations during the preceding year;
282	282	(2) propose a budget for the following year; and
283	283	(3) describe generally the work proposed for the
284	284	following year.
285	285	Sec. 9502.0211. EMINENT DOMAIN. The district may exercise
286	286	the power of eminent domain to acquire a fee simple or other
287	287	interest in any type of property if the interest is necessary or
288	288	convenient for the exercise of the district's functions. The
289	289	district must exercise the power of eminent domain in the manner
290	290	provided by Chapter 21, Property Code.
291	291	SECTION 2. (a) The legal notice of the intention to
292	292	introduce this Act, setting forth the general substance of this
293	293	Act, has been published as provided by law, and the notice and a
294	294	copy of this Act have been furnished to all persons, agencies,
295	295	officials, or entities to which they are required to be furnished
296	296	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
297	297	Government Code.
298	298	(b) The governor, one of the required recipients, has
299	299	submitted the notice and Act to the Texas Commission on
300	300	Environmental Quality.
301	301	(c) The Texas Commission on Environmental Quality has filed
302	302	its recommendations relating to this Act with the governor, the
303	303	lieutenant governor, and the speaker of the house of
304	304	representatives within the required time.
305	305	(d) All requirements of the constitution and laws of this
306	306	state and the rules and procedures of the legislature with respect
307	307	to the notice, introduction, and passage of this Act are fulfilled
308	308	and accomplished.
309	309	SECTION 3. (a) Section 9502.0211, Special District Local
310	310	Laws Code, as added by Section 1 of this Act, takes effect only if
311	311	this Act receives a two-thirds vote of all the members elected to
312	312	each house.
313	313	(b) If this Act does not receive a two-thirds vote of all the
314	314	members elected to each house, Subchapter C, Chapter 9502, Special
315	315	District Local Laws Code, as added by Section 1 of this Act, is
316	316	amended by adding Section 9502.0211 to read as follows:
317	317	Sec. 9502.0211. NO EMINENT DOMAIN POWER. The district may
318	318	not exercise the power of eminent domain.
319	319	(c) This section is not intended to be an expression of a
320	320	legislative interpretation of the requirements of Section 17(c),
321	321	Article I, Texas Constitution.
322	322	SECTION 4. This Act takes effect immediately if it receives
323	323	a vote of two-thirds of all the members elected to each house, as
324	324	provided by Section 39, Article III, Texas Constitution. If this
325	325	Act does not receive the vote necessary for immediate effect, this
326	326	Act takes effect September 1, 2021.