88R26837 JTZ-F
By: Paul H.B. No. 5409
Substitute the following for H.B. No. 5409:
By: King of Uvalde C.S.H.B. No. 5409
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors and duties 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 by amending Subsections (a) and (d) and adding
Subsection (c-1) to read as follows:
(a) The district is initially governed by a board of 11
directors.
(c-1) If the territory of a county is annexed to the
district under Section 9502.0104(b):
(1) the commissioners court of the county shall
appoint one additional director; and
(2) the governor, with the advice and consent of the
senate, shall appoint one additional director as needed to ensure
the board has an odd number of directors.
(d) In making the appointments required by Subsections
[Subsection] (c) and (c-1), the governor shall ensure that
residents of a single county do not make up a majority of the
directors.
SECTION 3. Section 9502.0202(b), Special District Local
Laws Code, is amended to read as follows:
(b) To qualify for office, a director described by Section
9502.0201(b), [or] (c)(1) or (2), or (c-1)(1) must be a resident of
the county or municipality the person is appointed to represent.
SECTION 4. Section 9502.0301, Special District Local Laws
Code, is amended by adding Subsection (e) to read as follows:
(e) If implementation of a project described by Subsection
(a) disrupts, wholly or partly, the operations of or requires the
use of property owned by a port authority, navigation district, or
drainage district the district shall:
(1) consult with the authority or district, as
applicable;
(2) consider reasonable changes in the project to
mitigate the effects of the project on the operations or property,
including changes proposed by the authority or district, as
applicable; and
(3) consider reasonable changes in the implementation
of the project requested by the authority or district, as
applicable, to mitigate the effects of the project on the
operations or property.
SECTION 5. 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 6. (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 7. (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 8. 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.