88R1817 ANG-D
By: Cunningham H.B. No. 5341
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Lake Houston Dredging and
Maintenance District; providing the authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle L, Title 6, Special
District Local Laws Code, is amended to read as follows:
SUBTITLE L. MUNICIPAL AND COUNTY WATER DISTRICTS
SECTION 2. Subtitle L, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9602 to read as follows:
CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9602.0101. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board of
directors of the district.
(3) "District" means the Lake Houston Dredging and
Maintenance District.
Sec. 9602.0102. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property in the boundaries of the
district will benefit from the works and projects accomplished by
the district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
Sec. 9602.0104. DISTRICT TERRITORY. Unless the district
territory has been modified under Subchapter J, Chapter 49, Water
Code, or other law, the boundaries of the district are coextensive
with the boundaries of Harris County.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9602.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of directors appointed as follows:
(1) three directors appointed by the Harris County
Commissioners Court;
(2) three directors appointed by the city council of
the City of Houston; and
(3) the board's presiding officer, appointed jointly
by the county judge of Harris County and the mayor of the City of
Houston.
(b) Directors serve staggered four-year terms.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as
provided by this chapter, the district has the powers and duties
applicable to a district under Chapter 49, Water Code.
Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this
section, "dredging and maintenance operations" includes the
removal of:
(1) sediment and debris that accumulates under and
above the water; and
(2) floating debris.
(b) The district may form voluntary interlocal agreements
with political subdivisions, corporate entities, or other persons
to perform dredging and maintenance operations in areas on Lake
Houston and its tributaries located within the district controlled
or maintained by the party to the interlocal agreement. The
district may not require payment from the other party to the
interlocal agreement for dredging and maintenance operations
performed under an interlocal agreement entered into under this
section.
(c) The district may seek from any source a grant of money or
another resource to assist the district's dredging and maintenance
operations.
(d) Dredging and maintenance operations performed by or
caused to be performed by the district may not:
(1) negatively affect the quality of water in Lake
Houston; or
(2) degrade the quality of water to be treated by the
City of Houston's Northeast Water Purification Plant.
(e) The district must obtain approval before performing
dredging and maintenance operations in Lake Houston from the City
of Houston Public Works--Engineering Department.
Sec. 9602.0303. SAND, GRAVEL, MARL, SHELL, AND MUDSHELL.
(a) Notwithstanding any other law, the district may take sand,
gravel, marl, shell, and mudshell from Lake Houston and its
tributaries to restore, maintain, or expand the capacity of the
lake and its tributaries to convey storm flows.
(b) For purposes of this section, the district is not
required to:
(1) obtain a permit or pay a fee to take sand, gravel,
marl, shell, or mudshell under Subsection (a); or
(2) purchase sand, gravel, marl, shell, or mudshell
taken under Subsection (a).
(c) The district may:
(1) deposit sand, gravel, marl, shell, or mudshell
taken under Subsection (a) on private land; and
(2) sell sand, gravel, marl, shell, or mudshell taken
under Subsection (a).
Sec. 9602.0304. LIMITATION ON POWERS. The district may
not:
(1) finance, develop, or maintain a recreational
facility under Subchapter N, Chapter 49, Water Code;
(2) exercise the power of eminent domain; or
(3) perform the same function as another conservation
and reclamation district whose territory overlaps with the
territory of the district, except the district may perform dredging
operations if other conservation and reclamation districts are
performing dredging operations in the territory of the district.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
district may issue bonds payable from and secured by district
revenue to carry out any power conferred by this chapter. The bonds
must be authorized by a board resolution.
(b) The bonds must be issued in the manner and under the
terms of the resolution authorizing the issuance of the bonds.
Sec. 9602.0402. PLAN OF FINANCING. (a) The district shall
study methods of financing the services provided by and
improvements constructed by the district.
(b) The district shall make the results of the study
conducted under this section available to the public.
Sec. 9602.0403. PROHIBITION ON TAXATION AND FEES. The
district may not impose a tax or charge a fee.
Sec. 9602.0404. STATE FUNDING. (a) Except as provided by
Subsection (b), the legislature may appropriate money from the
state treasury to the district to fund the district's activities
under this chapter. Legislative appropriations to the district for
a state fiscal year may not exceed $25 million.
(b) The legislature may not appropriate money to the
district for a state fiscal year that begins on or after September
1, 2025.
SECTION 3. (a) Not later than September 1, 2024, the Harris
County Commissioners Court, the city council of the City of
Houston, the county judge of Harris County, and the mayor of the
City of Houston shall appoint the initial members of the board of
directors of the Lake Houston Dredging and Maintenance District as
required by Section 9602.0201, Special District Local Laws Code, as
added by this Act.
(b) At the first meeting of the board of directors of the
Lake Houston Dredging and Maintenance District, the directors shall
draw lots to determine which four directors serve a term of four
years and which three directors serve a term of two years.
SECTION 4. (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, the
lieutenant governor, and the 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 are fulfilled
and accomplished.
SECTION 5. 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, 2023.