Texas 2023 - 88th Regular

Texas House Bill HB5341 Compare Versions

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Version 2 (New)

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1	1	88R1817 ANG-D
2	2	By: Cunningham H.B. No. 5341
3	3
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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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle L, Title 6, Special
11	11	District Local Laws Code, is amended to read as follows:
12	12	SUBTITLE L. MUNICIPAL AND COUNTY WATER DISTRICTS
13	13	SECTION 2. Subtitle L, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 9602 to read as follows:
15	15	CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 9602.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the board of directors of the
19	19	district.
20	20	(2) "Director" means a member of the board of
21	21	directors of the district.
22	22	(3) "District" means the Lake Houston Dredging and
23	23	Maintenance District.
24	24	Sec. 9602.0102. NATURE OF DISTRICT. The district is a
25	25	conservation and reclamation district created under and essential
26	26	to accomplish the purposes of Section 59, Article XVI, Texas
27	27	Constitution.
28	28	Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
29	29	(a) The district is created to serve a public use and benefit.
30	30	(b) All land and other property in the boundaries of the
31	31	district will benefit from the works and projects accomplished by
32	32	the district under the powers conferred by Section 59, Article XVI,
33	33	Texas Constitution.
34	34	Sec. 9602.0104. DISTRICT TERRITORY. Unless the district
35	35	territory has been modified under Subchapter J, Chapter 49, Water
36	36	Code, or other law, the boundaries of the district are coextensive
37	37	with the boundaries of Harris County.
38	38	SUBCHAPTER B. BOARD OF DIRECTORS
39	39	Sec. 9602.0201. GOVERNING BODY; TERMS. (a) The district is
40	40	governed by a board of directors appointed as follows:
41	41	(1) three directors appointed by the Harris County
42	42	Commissioners Court;
43	43	(2) three directors appointed by the city council of
44	44	the City of Houston; and
45	45	(3) the board's presiding officer, appointed jointly
46	46	by the county judge of Harris County and the mayor of the City of
47	47	Houston.
48	48	(b) Directors serve staggered four-year terms.
49	49	SUBCHAPTER C. POWERS AND DUTIES
50	50	Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as
51	51	provided by this chapter, the district has the powers and duties
52	52	applicable to a district under Chapter 49, Water Code.
53	53	Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this
54	54	section, "dredging and maintenance operations" includes the
55	55	removal of:
56	56	(1) sediment and debris that accumulates under and
57	57	above the water; and
58	58	(2) floating debris.
59	59	(b) The district may form voluntary interlocal agreements
60	60	with political subdivisions, corporate entities, or other persons
61	61	to perform dredging and maintenance operations in areas on Lake
62	62	Houston and its tributaries located within the district controlled
63	63	or maintained by the party to the interlocal agreement. The
64	64	district may not require payment from the other party to the
65	65	interlocal agreement for dredging and maintenance operations
66	66	performed under an interlocal agreement entered into under this
67	67	section.
68	68	(c) The district may seek from any source a grant of money or
69	69	another resource to assist the district's dredging and maintenance
70	70	operations.
71	71	(d) Dredging and maintenance operations performed by or
72	72	caused to be performed by the district may not:
73	73	(1) negatively affect the quality of water in Lake
74	74	Houston; or
75	75	(2) degrade the quality of water to be treated by the
76	76	City of Houston's Northeast Water Purification Plant.
77	77	(e) The district must obtain approval before performing
78	78	dredging and maintenance operations in Lake Houston from the City
79	79	of Houston Public Works--Engineering Department.
80	80	Sec. 9602.0303. SAND, GRAVEL, MARL, SHELL, AND MUDSHELL.
81	81	(a) Notwithstanding any other law, the district may take sand,
82	82	gravel, marl, shell, and mudshell from Lake Houston and its
83	83	tributaries to restore, maintain, or expand the capacity of the
84	84	lake and its tributaries to convey storm flows.
85	85	(b) For purposes of this section, the district is not
86	86	required to:
87	87	(1) obtain a permit or pay a fee to take sand, gravel,
88	88	marl, shell, or mudshell under Subsection (a); or
89	89	(2) purchase sand, gravel, marl, shell, or mudshell
90	90	taken under Subsection (a).
91	91	(c) The district may:
92	92	(1) deposit sand, gravel, marl, shell, or mudshell
93	93	taken under Subsection (a) on private land; and
94	94	(2) sell sand, gravel, marl, shell, or mudshell taken
95	95	under Subsection (a).
96	96	Sec. 9602.0304. LIMITATION ON POWERS. The district may
97	97	not:
98	98	(1) finance, develop, or maintain a recreational
99	99	facility under Subchapter N, Chapter 49, Water Code;
100	100	(2) exercise the power of eminent domain; or
101	101	(3) perform the same function as another conservation
102	102	and reclamation district whose territory overlaps with the
103	103	territory of the district, except the district may perform dredging
104	104	operations if other conservation and reclamation districts are
105	105	performing dredging operations in the territory of the district.
106	106	SUBCHAPTER D. FINANCIAL PROVISIONS
107	107	Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
108	108	district may issue bonds payable from and secured by district
109	109	revenue to carry out any power conferred by this chapter. The bonds
110	110	must be authorized by a board resolution.
111	111	(b) The bonds must be issued in the manner and under the
112	112	terms of the resolution authorizing the issuance of the bonds.
113	113	Sec. 9602.0402. PLAN OF FINANCING. (a) The district shall
114	114	study methods of financing the services provided by and
115	115	improvements constructed by the district.
116	116	(b) The district shall make the results of the study
117	117	conducted under this section available to the public.
118	118	Sec. 9602.0403. PROHIBITION ON TAXATION AND FEES. The
119	119	district may not impose a tax or charge a fee.
120	120	Sec. 9602.0404. STATE FUNDING. (a) Except as provided by
121	121	Subsection (b), the legislature may appropriate money from the
122	122	state treasury to the district to fund the district's activities
123	123	under this chapter. Legislative appropriations to the district for
124	124	a state fiscal year may not exceed $25 million.
125	125	(b) The legislature may not appropriate money to the
126	126	district for a state fiscal year that begins on or after September
127	127	1, 2025.
128	128	SECTION 3. (a) Not later than September 1, 2024, the Harris
129	129	County Commissioners Court, the city council of the City of
130	130	Houston, the county judge of Harris County, and the mayor of the
131	131	City of Houston shall appoint the initial members of the board of
132	132	directors of the Lake Houston Dredging and Maintenance District as
133	133	required by Section 9602.0201, Special District Local Laws Code, as
134	134	added by this Act.
135	135	(b) At the first meeting of the board of directors of the
136	136	Lake Houston Dredging and Maintenance District, the directors shall
137	137	draw lots to determine which four directors serve a term of four
138	138	years and which three directors serve a term of two years.
139	139	SECTION 4. (a) The legal notice of the intention to
140	140	introduce this Act, setting forth the general substance of this
141	141	Act, has been published as provided by law, and the notice and a
142	142	copy of this Act have been furnished to all persons, agencies,
143	143	officials, or entities to which they are required to be furnished
144	144	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
145	145	Government Code.
146	146	(b) The governor, one of the required recipients, has
147	147	submitted the notice and Act to the Texas Commission on
148	148	Environmental Quality.
149	149	(c) The Texas Commission on Environmental Quality has filed
150	150	its recommendations relating to this Act with the governor, the
151	151	lieutenant governor, and the speaker of the house of
152	152	representatives within the required time.
153	153	(d) All requirements of the constitution and laws of this
154	154	state and the rules and procedures of the legislature with respect
155	155	to the notice, introduction, and passage of this Act are fulfilled
156	156	and accomplished.
157	157	SECTION 5. This Act takes effect immediately if it receives
158	158	a vote of two-thirds of all the members elected to each house, as
159	159	provided by Section 39, Article III, Texas Constitution. If this
160	160	Act does not receive the vote necessary for immediate effect, this
161	161	Act takes effect September 1, 2023.