By: Paul H.B. No. 5409
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors of the Gulf Coast Protection
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9502.0103(b), Special District Local
Laws Code, is amended to read as follows:
(b) The creation of the district is necessary to establish
an instrumentality for protecting the coast in Chambers, Galveston,
Harris, Jefferson, and Orange Counties, and territory annexed to
the district under Section 9502.0104(b), in the manner provided by
this chapter.
SECTION 2. Section 9502.0201, Special District Local Laws
Code, is amended to read as follows:
Sec. 9502.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of 11 directors and such other directors as may
be added pursuant to Subsection (b-1).
(b) The commissioners courts of Chambers County, Galveston
County, Harris County, Jefferson County, and Orange County each
shall appoint one director.
(b-1) The commissioners courts of each county annexed to the
district pursuant to Section 9502.0104(b) shall appoint one
director.
(c) The governor, with the advice and consent of the senate,
shall appoint [six] directors as follows:
(1) two directors to represent Harris County, in
addition to the member appointed by the commissioners court under
Subsection (b);
(2) one director to represent a municipality in the
district;
(3) one director to represent ports;
(4) one director to represent industry; [and]
(5) one director to represent environmental
concerns[.]; and
(6) one additional director if there is an odd number
of directors based on a county being added to the district territory
pursuant to Subsection (b-1).
(d) In making the appointments required by Subsection (c),
the governor shall ensure that residents of a single county do not
make up a majority of the directors.
(e) The governor shall consult with:
(1) the commissioners court of Harris County in making
the appointments required by Subsection (c)(1); and
(2) municipalities in the district in making the
appointment required by Subsection (c)(2).
(f) Directors serve staggered four-year terms.
(g) When a director's term expires, the appointing entity
shall appoint a successor.
(h) If a director's office becomes vacant by death,
resignation, or removal, the appointing entity shall appoint a
director to serve for the remainder of the unexpired term.
(i) The board shall elect a presiding officer from among the
directors to serve in that position for two years. A director may
serve as the presiding officer for not more than two consecutive
terms.
(j) Notwithstanding Subsection (f), the governor shall
designate from the 11 initial directors 5 directors to serve a first
term of two years. This subsection expires September 1, 2025.
SECTION 3. The Gulf Coast Protection District retains all
the rights, powers, privileges, authority, duties, and functions
that it had before the effective date of this Act.
SECTION 4. (a) The legislature validates and confirms all
governmental acts and proceedings of the Gulf Coast Protection
District that were taken before the effective date of this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 5. (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 6. 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.