Texas 2021 - 87th 2nd C.S.

Texas House Bill HB190 Compare Versions

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

Old	New	Differences
1	1	87S20795 ANG-D
2	2	By: Huberty H.B. No. 190
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Lake Houston Dredging and
8	8	Maintenance District; providing the authority to issue bonds;
9	9	providing authority to impose assessments and fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle L, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 9602 to read as follows:
13	13	CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9602.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Director" means a member of the board of
19	19	directors of the district.
20	20	(3) "District" means the Lake Houston Dredging and
21	21	Maintenance District.
22	22	Sec. 9602.0102. NATURE OF DISTRICT. The district is a
23	23	conservation and reclamation district created under and essential
24	24	to accomplish the purposes of Section 59, Article XVI, Texas
25	25	Constitution.
26	26	Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
27	27	(a) The district is created to serve a public use and benefit.
28	28	(b) All land and other property in the boundaries of the
29	29	district will benefit from the works and projects accomplished by
30	30	the district under the powers conferred by Section 59, Article XVI,
31	31	Texas Constitution.
32	32	Sec. 9602.0104. DISTRICT TERRITORY. Unless the district
33	33	territory has been modified under Subchapter J, Chapter 49, Water
34	34	Code, or other law, the boundaries of the district are coextensive
35	35	with the boundaries of Harris County.
36	36	SUBCHAPTER B. BOARD OF DIRECTORS
37	37	Sec. 9602.0201. GOVERNING BODY; TERMS. (a) The district is
38	38	governed by a board of directors appointed as follows:
39	39	(1) three directors appointed by the Harris County
40	40	Commissioners Court;
41	41	(2) three directors appointed by the city council of
42	42	the City of Houston; and
43	43	(3) the board's presiding officer, appointed jointly
44	44	by the county judge of Harris County and the mayor of the City of
45	45	Houston.
46	46	(b) Directors serve staggered four-year terms.
47	47	SUBCHAPTER C. POWERS AND DUTIES
48	48	Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as
49	49	provided by this chapter, the district has the powers and duties
50	50	applicable to a district under Chapter 49, Water Code.
51	51	Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this
52	52	section, "dredging and maintenance operations" includes the
53	53	removal of:
54	54	(1) sediment and debris that accumulates under and
55	55	above the water; and
56	56	(2) floating debris.
57	57	(b) The district may form voluntary interlocal agreements
58	58	with political subdivisions, corporate entities, or other persons
59	59	to perform dredging and maintenance operations in areas on Lake
60	60	Houston and its tributaries located within the district controlled
61	61	or maintained by the party to the interlocal agreement. The
62	62	district may require payment from the other party to the interlocal
63	63	agreement for dredging and maintenance operations performed under
64	64	an interlocal agreement entered into under this section.
65	65	(c) The district may seek from any source a grant of money or
66	66	another resource to assist the district's dredging and maintenance
67	67	operations.
68	68	(d) Dredging and maintenance operations performed by or
69	69	caused to be performed by the district may not:
70	70	(1) negatively affect the quality of water in Lake
71	71	Houston; or
72	72	(2) degrade the quality of water to be treated by the
73	73	City of Houston's Northeast Water Purification Plant.
74	74	(e) The district must obtain approval before performing
75	75	dredging and maintenance operations in Lake Houston from the City
76	76	of Houston Public Works--Engineering Department.
77	77	Sec. 9602.0303. SAND, GRAVEL, MARL, SHELL, AND MUDSHELL.
78	78	(a) Notwithstanding any other law, the district may take sand,
79	79	gravel, marl, shell, and mudshell from Lake Houston and its
80	80	tributaries to restore, maintain, or expand the capacity of the
81	81	lake and its tributaries to convey storm flows.
82	82	(b) For purposes of this section, the district is not
83	83	required to:
84	84	(1) obtain a permit or pay a fee to take sand, gravel,
85	85	marl, shell, or mudshell under Subsection (a); or
86	86	(2) purchase sand, gravel, marl, shell, or mudshell
87	87	taken under Subsection (a).
88	88	(c) The district may:
89	89	(1) deposit sand, gravel, marl, shell, or mudshell
90	90	taken under Subsection (a) on private land; and
91	91	(2) sell sand, gravel, marl, shell, or mudshell taken
92	92	under Subsection (a).
93	93	Sec. 9602.0304. LIMITATION ON POWERS. The district may
94	94	not:
95	95	(1) finance, develop, or maintain a recreational
96	96	facility under Subchapter N, Chapter 49, Water Code;
97	97	(2) exercise the power of eminent domain; or
98	98	(3) perform the same function as another conservation
99	99	and reclamation district whose territory overlaps with the
100	100	territory of the district, except the district may perform dredging
101	101	operations if other conservation and reclamation districts are
102	102	performing dredging operations in the territory of the district.
103	103	SUBCHAPTER D. FINANCIAL PROVISIONS
104	104	Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
105	105	district may issue bonds payable from and secured by district
106	106	revenue to carry out any power conferred by this chapter. The bonds
107	107	must be authorized by a board resolution.
108	108	(b) The bonds must be issued in the manner and under the
109	109	terms of the resolution authorizing the issuance of the bonds.
110	110	Sec. 9602.0402. PLAN OF FINANCING. (a) The district shall
111	111	study methods of financing the services provided by and
112	112	improvements constructed by the district.
113	113	(b) The district shall make the results of the study
114	114	conducted under this section available to the public.
115	115	Sec. 9602.0403. PROHIBITION ON TAXATION AND CERTAIN FEES.
116	116	(a) The district may not impose an ad valorem tax.
117	117	(b) Except as provided by Section 9602.0302, the district
118	118	may not charge a fee.
119	119	SECTION 2. (a) Not later than September 1, 2022, the Harris
120	120	County Commissioners Court, the city council of the City of
121	121	Houston, the county judge of Harris County, and the mayor of the
122	122	City of Houston shall appoint the initial members of the board of
123	123	the Lake Houston Dredging and Maintenance District as required by
124	124	Section 9602.0201, Special District Local Laws Code, as added by
125	125	this Act.
126	126	(b) At the first meeting of the board of directors of the
127	127	Lake Houston Dredging and Maintenance District, the directors shall
128	128	draw lots to determine which four directors serve a term of four
129	129	years and which three directors serve a term of two years.
130	130	SECTION 3. (a) The legal notice of the intention to
131	131	introduce this Act, setting forth the general substance of this
132	132	Act, has been published as provided by law, and the notice and a
133	133	copy of this Act have been furnished to all persons, agencies,
134	134	officials, or entities to which they are required to be furnished
135	135	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
136	136	Government Code.
137	137	(b) The governor, one of the required recipients, has
138	138	submitted the notice and Act to the Texas Commission on
139	139	Environmental Quality.
140	140	(c) The Texas Commission on Environmental Quality has filed
141	141	its recommendations relating to this Act with the governor, the
142	142	lieutenant governor, and the speaker of the house of
143	143	representatives within the required time.
144	144	(d) All requirements of the constitution and laws of this
145	145	state and the rules and procedures of the legislature with respect
146	146	to the notice, introduction, and passage of this Act are fulfilled
147	147	and accomplished.
148	148	SECTION 4. This Act takes effect immediately if it receives
149	149	a vote of two-thirds of all the members elected to each house, as
150	150	provided by Section 39, Article III, Texas Constitution. If this
151	151	Act does not receive the vote necessary for immediate effect, this
152	152	Act takes effect on the 91st day after the last day of the
153	153	legislative session.