Texas 2021 - 87th Regular

Texas Senate Bill SB1160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1160
	1	+	87R22440 JXC-D
	2	+	By: Taylor, et al. S.B. No. 1160
	3	+	(Paul)
	4	+	Substitute the following for S.B. No. 1160: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the Gulf Coast Protection District;
6	10		providing authority to issue bonds; providing authority to impose
7	11		fees; providing authority to impose a tax; granting the power of
8	12		eminent domain.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Subtitle K, Title 6, Special District Local Laws
11	15		Code, is amended by adding Chapter 9502 to read as follows:
12	16		CHAPTER 9502. GULF COAST PROTECTION DISTRICT
13	17		SUBCHAPTER A. GENERAL PROVISIONS
14	18		Sec. 9502.0101. DEFINITIONS. In this chapter:
15	19		(1) "Board" means the district's board of directors.
16	20		(2) "Director" means a board member.
17	21		(3) "District" means the Gulf Coast Protection
18	22		District.
19	23		(4) "Ecosystem restoration report" means the Sabine
20	24		Pass to Galveston Bay, Texas Coastal Storm Risk Management and
21	25		Ecosystem Restoration Final Integrated Feasibility
22	26		Report—Environmental Impact Statement issued by the Galveston
23	27		District, Southwestern Division, of the United States Army Corps of
24	28		Engineers in May 2017.
25	29		(5) "Protection and restoration study" means the
26	30		Coastal Texas Protection and Restoration Feasibility Study Final
27	31		Integrated Feasibility Report and Environmental Impact Statement
28	32		to be issued by the Galveston District, Southwestern Division, of
29	33		the United States Army Corps of Engineers, the draft version of
30	34		which was issued in October 2020.
31	35		Sec. 9502.0102. NATURE OF DISTRICT. The district is a
32	36		special district created under Section 59, Article XVI, Texas
33	37		Constitution.
34	38		Sec. 9502.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
35	39		(a) The creation of the district is essential to accomplish the
36	40		purposes of Section 59, Article XVI, Texas Constitution, and other
37	41		public purposes stated in this chapter.
38	42		(b) The creation of the district is necessary to establish
39	43		an instrumentality for protecting the coast in Chambers, Galveston,
40	44		Harris, Jefferson, and Orange Counties in the manner provided by
41	45		this chapter.
42	46		(c) The district is created to serve a public use and
43	47		benefit.
44	48		(d) All land and other property included in the boundaries
45	49		of the district will benefit from the works and projects
46	50		accomplished by the district.
47	51		Sec. 9502.0104. DISTRICT TERRITORY. (a) The district is
48	52		composed of the territory in Chambers, Galveston, Harris,
49	53		Jefferson, and Orange Counties and territory annexed to the
50	54		district as described by Subsection (b).
51	55		(b) The governing body of the district by order shall annex
52	56		to the district the territory of a county included in the protection
53	57		and restoration study at the request of the commissioners court of
54	58		that county.
55	59		Sec. 9502.0105. APPLICATION OF SUNSET ACT. (a) The
56	60		district is subject to review under Chapter 325, Government Code
57	61		(Texas Sunset Act), but may not be abolished under that chapter.
58	62		The review shall be conducted under Section 325.025, Government
59	63		Code, as if the authority were a state agency scheduled to be
60	64		abolished September 1, 2033, and every 12th year after that year.
61	65		(b) The limited review under this section must assess the
62	66		district's:
63	67		(1) governance;
64	68		(2) management;
65	69		(3) operating structure; and
66	70		(4) compliance with legislative requirements.
67	71		(c) The district shall pay the cost incurred by the Sunset
68	72		Advisory Commission in performing the review. The Sunset Advisory
69	73		Commission shall determine the cost, and the district shall pay the
70	74		amount promptly on receipt of a statement from the Sunset Advisory
71	75		Commission detailing the cost.
72	76		(d) The district may not be required to conduct a management
73	77		audit under 30 T.A.C. Chapter 292.
74	78		SUBCHAPTER B. BOARD OF DIRECTORS
75	79		Sec. 9502.0201. GOVERNING BODY; TERMS. (a) The district is
76	80		governed by a board of 11 directors.
77	81		(b) The commissioners courts of Chambers County, Galveston
78	82		County, Harris County, Jefferson County, and Orange County each
79	83		shall appoint one director.
80	84		(c) The governor, with the advice and consent of the senate,
81	85		shall appoint six directors as follows:
82	86		(1) two directors to represent Harris County, in
83	87		addition to the member appointed by the commissioners court under
84	88		Subsection (b);
85	89		(2) one director to represent a municipality in the
86	90		district;
87	91		(3) one director to represent ports;
88	92		(4) one director to represent industry; and
89	93		(5) one director to represent environmental concerns.
90	94		(d) In making the appointments required by Subsection (c),
91	95		the governor shall ensure that residents of a single county do not
92	96		make up a majority of the directors.
93	97		(e) The governor shall consult with:
94	98		(1) the commissioners court of Harris County in making
95	99		the appointments required by Subsection (c)(1); and
96	100		(2) municipalities in the district in making the
97	101		appointment required by Subsection (c)(2).
98	102		(f) Directors serve staggered four-year terms.
99	103		(g) When a director's term expires, the appointing entity
100	104		shall appoint a successor.
101	105		(h) If a director's office becomes vacant by death,
102	106		resignation, or removal, the appointing entity shall appoint a
103	107		director to serve for the remainder of the unexpired term.
104	108		(i) The board shall elect a presiding officer from among the
105	109		directors to serve in that position for two years. A director may
106	110		serve as the presiding officer for not more than two consecutive
107	111		terms.
108	112		(j) Notwithstanding Subsection (f), the governor shall
109	113		designate from the 11 initial directors 5 directors to serve a first
110	114		term of two years. This subsection expires September 1, 2025.
111	115		Sec. 9502.0202. QUALIFICATION. (a) To qualify for office,
112	116		a director must be a registered voter who resides in the district.
113	117		(b) To qualify for office, a director described by Section
114	118		9502.0201(b) or (c)(1) or (2) must be a resident of the county or
115	119		municipality the person is appointed to represent.
116	120		Sec. 9502.0203. CERTAIN CONFLICTS PROHIBITED. (a) An
117	121		individual is not eligible to serve as a director if, in the
118	122		preceding 24 months, the individual had an interest in or was
119	123		employed by or affiliated with a person who has submitted a bid or
120	124		entered into a contract for a district project.
121	125		(b) The board may not employ or appoint an individual
122	126		described by Subsection (a) to work for the district.
123	127		(c) A director may not acquire a direct or indirect interest
124	128		in a district project.
125	129		Sec. 9502.0204. REIMBURSEMENT. A director is not entitled
126	130		to compensation but is entitled to reimbursement for necessary
127	131		expenses incurred in carrying out the duties and responsibilities
128	132		of the board.
129	133		Sec. 9502.0205. VOTING. A concurrence of a majority of the
130	134		directors is required for transacting any business of the district.
131	135		Sec. 9502.0206. TEMPORARY EXECUTIVE DIRECTOR. The governor
132	136		shall appoint a temporary executive director for the district to
133	137		serve until the initial board members hire an executive director
134	138		for the district.
135	139		SUBCHAPTER C. POWERS AND DUTIES
136	140		Sec. 9502.0301. GENERAL DISTRICT POWERS. (a) Except as
137	141		otherwise provided by this section, the district may:
138	142		(1) establish, construct, extend, maintain, operate,
139	143		or improve a coastal barrier or storm surge gate in the manner
140	144		provided by Chapter 571, Local Government Code, for a county to
141	145		establish, construct, extend, maintain, or improve a seawall;
142	146		(2) exercise the authority granted to counties to
143	147		conduct any project described by Chapter 571, Local Government
144	148		Code;
145	149		(3) establish, construct, and maintain recreational
146	150		facilities for public use and environmental mitigation facilities
147	151		related to a project described by Subdivision (1) or (2);
148	152		(4) establish, construct, maintain, or operate a
149	153		project recommended in the ecosystem restoration report or the
150	154		protection and restoration study; and
151	155		(5) provide interior drainage remediation or
152	156		improvements to reduce additional flood risk for a project
153	157		recommended in the ecosystem restoration report where additional
154	158		flood risk results from the design or construction of a project
155	159		described by Subdivision (1), (2), or (4).
156	160		(b) Sections 571.006, 571.007, 571.008, 571.009, and
157	161		571.010, Local Government Code, do not apply to the district.
158	162		(c) Before implementing a project described by Subsection
159	163		(a), the district shall consult with local, state, and federal
160	164		entities to determine whether an environmental remediation
161	165		response action is anticipated or located near or at the proposed
162	166		location of the project.
163	167		(d) If implementation of a project described by Subsection
164	168		(a) disrupts, wholly or partly, an ongoing or planned environmental
165	169		remediation response action, the district shall:
166	170		(1) consult with the responsible party of the
167	171		environmental remediation response action; and
168	172		(2) coordinate implementation of the project in a
169	173		manner that does not disrupt the environmental remediation response
170	174		action.
171	175		Sec. 9502.0302. TAXES AND BONDS. (a) The district must
172	176		hold an election in the manner provided by Chapter 49, Water Code,
173	177		to obtain voter approval before the district may impose an ad
174	178		valorem tax or issue bonds payable from ad valorem taxes.
175	179		(b) The board may impose the tax at a rate not to exceed 5
176	180		cents on each $100 valuation.
177	181		(c) The district, without an election, may issue bonds,
178	182		notes, or other obligations secured by revenue other than ad
179	183		valorem taxes.
180	184		(d) The district may grant an abatement for a tax owed to the
181	185		district in the manner provided by Chapter 312, Tax Code.
182	186		Sec. 9502.0303. REQUIREMENTS FOR CERTAIN PROJECTS. If the
183	187		district enters into an agreement with another entity to implement
184	188		a project recommended in the ecosystem restoration report or the
185	189		protection and restoration study, the district:
186	190		(1) shall develop a maintenance and operation plan for
187	191		the project;
188	192		(2) may enter into a partnership with a private entity
189	193		to fund a local share of the cost of the project; and
190	194		(3) may use any available money to provide matching
191	195		funds to the United States Army Corps of Engineers to implement the
192	196		project.
193	197		Sec. 9502.0304. ACQUISITION AND DISPOSITION OF PROPERTY AND
194	198		RIGHTS. (a) The district may purchase, lease, acquire by gift,
195	199		maintain, use, and operate property of any kind appropriate for the
196	200		exercise of the district's functions, including acquiring property
197	201		by mutual agreement with a navigation district or a drainage
198	202		district.
199	203		(b) The district may acquire permits, licenses, and rights
200	204		related to the exercise of the district's functions.
201	205		Sec. 9502.0305. COSTS OF RELOCATION OF PROPERTY; EASEMENTS.
202	206		(a) In the event that the district, in the exercise of the power of
203	207		eminent domain or power of relocation or any other power, makes
204	208		necessary the relocation, raising, lowering, rerouting, or change
205	209		in grade of or alteration in construction of any electric
206		-	transmission ~~or distribution~~ line or telephone properties,
207		-	~~facilities, or~~ pipelines, all necessary relocations, raising,
208		-	~~lowering,~~ rerouting, or change in grade or alteration of
209		-	~~construction shall~~ be done at the sole expense of the district.
	210	+	transmission line or telephone properties, facilities, or
	211	+	pipelines, all necessary relocations, raising, lowering,
	212	+	rerouting, or change in grade or alteration of construction shall
	213	+	be done at the sole expense of the district.
210	214		(b) In this section, "sole expense" means the actual cost of
211	215		the relocation, raising, lowering, rerouting, or change in grade or
212	216		alteration of construction and providing comparable replacement
213	217		without enhancing the facilities after deducting from it the net
214	218		salvage value derived from the old facility.
215	219		(c) The district has all necessary or useful rights-of-way
216	220		and easements along, over, under, and across all public, state,
217	221		municipal, and county roads, highways, and places for any of its
218	222		purposes. The district shall restore a used facility to its
219	223		previous condition as nearly as possible at the sole expense of the
220	224		district.
221	225		(d) The district may acquire, sell, lease, convey, or
222	226		otherwise dispose of a right-of-way or easement under terms and
223	227		conditions determined by the district.
224	228		Sec. 9502.0306. AGREEMENTS. (a) The district may enter
225	229		into a cooperative agreement with a political subdivision, a state
226	230		agency, the United States Army Corps of Engineers, or another
227	231		federal agency for a purpose related to the study, design,
228	232		construction, operation, or maintenance of a district project.
229	233		(b) The district may enter into an interlocal agreement with
230	234		a political subdivision for a purpose related to the study, design,
231	235		construction, operation, or maintenance of a district project to
232	236		include the acceptance of the assignment of rights or obligations
233	237		in an existing design agreement or a project partnership agreement
234	238		between the political subdivision and the United States Army Corps
235	239		of Engineers.
236	240		Sec. 9502.0307. CONTRACTS GENERALLY. (a) The district may
237	241		enter into contracts and execute instruments that are necessary or
238	242		convenient to the exercise of the district's powers, rights,
239	243		duties, and functions. A contract may be for any term, including
240	244		for the life of any facility or structure in the territory of the
241	245		district.
242	246		(b) The district and another governmental entity may enter
243	247		into a contract for the operation or maintenance of an authorized
244	248		project in the same way that a political subdivision may contract
245	249		with another governmental entity under Chapter 472, Transportation
246	250		Code, to construct or maintain a road or highway.
247	251		(c) The district may enter into a project partnership
248	252		agreement with the United States Army Corps of Engineers for the
249	253		study, design, construction, operation, and maintenance of a
250	254		project recommended in the ecosystem restoration report or the
251	255		protection and restoration study.
252	256		(d) A public agency or political subdivision is authorized
253	257		to:
254	258		(1) enter into a contract with the district;
255	259		(2) determine, agree, and pledge that all or any part
256	260		of its payments under a contract with the district shall be payable
257	261		from any source, subject only to the authorization by a majority
258	262		vote of the governing body of such public agency or political
259	263		subdivision of the contract, pledge, and payments;
260	264		(3) use and pledge any available revenues or resources
261	265		for and to the payment of amounts due under a contract with the
262	266		district as an additional source of payment or as the sole source of
263	267		payment and agree with the district to assure the availability of
264	268		revenue and resources when required; and
265	269		(4) fix, charge, and collect impact fees and utility
266	270		charges, if the public agency or political subdivision is otherwise
267	271		authorized to impose the fees and charges, and to use and pledge
268	272		revenue from the fees or charges to make payments to the district
269	273		required under a contract with the district.
270	274		Sec. 9502.0308. REQUIREMENTS FOR CERTAIN CONTRACTS. (a)
271	275		Chapter 2269, Government Code, applies to the district's public
272	276		work contracts, as defined by Section 2269.001, Government Code.
273	277		Section 2269.003(d), Government Code, does not apply to the
274	278		district.
275	279		(b) The district shall comply with Subchapter A, Chapter
276	280		2254, Government Code.
277	281		Sec. 9502.0309. CONFLICT WITH ORDER OR ACTION OF ANOTHER
278	282		POLITICAL SUBDIVISION. An order or action of the Harris County
279	283		Flood Control District, a river authority, a port authority, a
280	284		navigation district, or a drainage district relating to the
281	285		operation or maintenance of a district project supersedes an order
282	286		or action of the district to the extent of any conflict.
283	287		Sec. 9502.0310. AUTHORITY TO DEVELOP BARRIER CLOSURE
284	288		PROCEDURES. If the district implements a project to create a
285	289		coastal barrier, the district shall develop closure procedures in
286	290		conjunction with each board of trustees established under Chapter
287	291		54, Transportation Code, port authority, navigation district, and
288	292		drainage district affected by the barrier or closure. For the Texas
289	293		City Channel, the district shall develop closure procedures with
290	294		any common carrier terminal railroad providing rail and maritime
291	295		terminal services to the users of the navigation channel.
292	296		Sec. 9502.0311. ANNUAL REPORT REQUIRED. The district shall
293	297		annually submit a report to the legislature, the Legislative Budget
294	298		Board, the General Land Office, and the commissioners court of each
295	299		county in which the district is located. The report must:
296	300		(1) describe the district's financial condition and
297	301		operations during the preceding year;
298	302		(2) propose a budget for the following year; and
299	303		(3) describe generally the work proposed for the
300	304		following year.
301	305		Sec. 9502.0312. EMINENT DOMAIN. (a) The district may
302	306		exercise the power of eminent domain to acquire a fee simple or
303	307		other interest in any type of property if the interest is necessary
304	308		or convenient for the exercise of the district's functions. The
305	309		district must exercise the power of eminent domain in the manner
306	310		provided by Chapter 21, Property Code.
307	311		(b) The district may not exercise the power of eminent
308	312		domain to acquire property owned or operated by a port authority,
309	313		navigation district, drainage district, or common carrier
310	314		railroad.
311	315		SECTION 2. (a) The legal notice of the intention to
312	316		introduce this Act, setting forth the general substance of this
313	317		Act, has been published as provided by law, and the notice and a
314	318		copy of this Act have been furnished to all persons, agencies,
315	319		officials, or entities to which they are required to be furnished
316	320		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
317	321		Government Code.
318	322		(b) The governor, one of the required recipients, has
319	323		submitted the notice and Act to the Texas Commission on
320	324		Environmental Quality.
321	325		(c) The Texas Commission on Environmental Quality has filed
322	326		its recommendations relating to this Act with the governor, the
323	327		lieutenant governor, and the speaker of the house of
324	328		representatives within the required time.
325	329		(d) All requirements of the constitution and laws of this
326	330		state and the rules and procedures of the legislature with respect
327	331		to the notice, introduction, and passage of this Act are fulfilled
328	332		and accomplished.
329	333		SECTION 3. (a) Section 9502.0312, Special District Local
330	334		Laws Code, as added by Section 1 of this Act, takes effect only if
331	335		this Act receives a two-thirds vote of all the members elected to
332	336		each house.
333	337		(b) If this Act does not receive a two-thirds vote of all the
334	338		members elected to each house, Subchapter C, Chapter 9502, Special
335	339		District Local Laws Code, as added by Section 1 of this Act, is
336	340		amended by adding Section 9502.0312 to read as follows:
337	341		Sec. 9502.0312. NO EMINENT DOMAIN POWER. The district may
338	342		not exercise the power of eminent domain.
339	343		(c) This section is not intended to be an expression of a
340	344		legislative interpretation of the requirements of Section 17(c),
341	345		Article I, Texas Constitution.
342	346		SECTION 4. This Act takes effect immediately if it receives
343	347		a vote of two-thirds of all the members elected to each house, as
344	348		provided by Section 39, Article III, Texas Constitution. If this
345	349		Act does not receive the vote necessary for immediate effect, this
346	350		Act takes effect September 1, 2021.
347		-	______________________________ ______________________________
348		-	President of the Senate Speaker of the House
349		-	I hereby certify that S.B. No. 1160 passed the Senate on
350		-	April 14, 2021, by the following vote: Yeas 31, Nays 0;
351		-	May 25, 2021, Senate refused to concur in House amendments and
352		-	requested appointment of Conference Committee; May 27, 2021, House
353		-	granted request of the Senate; May 29, 2021, Senate adopted
354		-	Conference Committee Report by the following vote: Yeas 31,
355		-	Nays 0.
356		-	______________________________
357		-	Secretary of the Senate
358		-	I hereby certify that S.B. No. 1160 passed the House, with
359		-	amendments, on May 20, 2021, by the following vote: Yeas 130,
360		-	Nays 16, one present not voting; May 27, 2021, House granted
361		-	request of the Senate for appointment of Conference Committee;
362		-	May 29, 2021, House adopted Conference Committee Report by the
363		-	following vote: Yeas 131, Nays 8, one present not voting.
364		-	______________________________
365		-	Chief Clerk of the House
366		-	Approved:
367		-	______________________________
368		-	Date
369		-	______________________________
370		-	Governor