Texas 2023 - 88th Regular

Texas House Bill HB5409 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5409
2	2
3	3
4	4	AN ACT
5	5	relating to the board of directors and duties of the Gulf Coast
6	6	Protection District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 9502.0103(b), Special District Local
9	9	Laws Code, is amended to read as follows:
10	10	(b) The creation of the district is necessary to establish
11	11	an instrumentality for protecting the coast in Chambers, Galveston,
12	12	Harris, Jefferson, and Orange Counties, and territory annexed to
13	13	the district under Section 9502.0104(b), in the manner provided by
14	14	this chapter.
15	15	SECTION 2. Section 9502.0201, Special District Local Laws
16	16	Code, is amended by amending Subsections (a) and (d) and adding
17	17	Subsection (c-1) to read as follows:
18	18	(a) The district is initially governed by a board of 11
19	19	directors.
20	20	(c-1) If the territory of a county is annexed to the
21	21	district under Section 9502.0104(b):
22	22	(1) the commissioners court of the county shall
23	23	appoint one additional director; and
24	24	(2) the governor, with the advice and consent of the
25	25	senate, shall appoint one additional director as needed to ensure
26	26	the board has an odd number of directors.
27	27	(d) In making the appointments required by Subsections
28	28	[Subsection] (c) and (c-1), the governor shall ensure that
29	29	residents of a single county do not make up a majority of the
30	30	directors.
31	31	SECTION 3. Section 9502.0202(b), Special District Local
32	32	Laws Code, is amended to read as follows:
33	33	(b) To qualify for office, a director described by Section
34	34	9502.0201(b), [or] (c)(1) or (2), or (c-1)(1) must be a resident of
35	35	the county or municipality the person is appointed to represent.
36	36	SECTION 4. Section 9502.0301, Special District Local Laws
37	37	Code, is amended by adding Subsection (e) to read as follows:
38	38	(e) If implementation of a project described by Subsection
39	39	(a) disrupts, wholly or partly, the operations of or requires the
40	40	use of property owned by a port authority, navigation district, or
41	41	drainage district the district shall:
42	42	(1) consult with the authority or district, as
43	43	applicable;
44	44	(2) consider reasonable changes in the project to
45	45	mitigate the effects of the project on the operations or property,
46	46	including changes proposed by the authority or district, as
47	47	applicable; and
48	48	(3) consider reasonable changes in the implementation
49	49	of the project requested by the authority or district, as
50	50	applicable, to mitigate the effects of the project on the
51	51	operations or property.
52	52	SECTION 5. The Gulf Coast Protection District retains all
53	53	the rights, powers, privileges, authority, duties, and functions
54	54	that it had before the effective date of this Act.
55	55	SECTION 6. (a) The legislature validates and confirms all
56	56	governmental acts and proceedings of the Gulf Coast Protection
57	57	District that were taken before the effective date of this Act.
58	58	(b) This section does not apply to any matter that on the
59	59	effective date of this Act:
60	60	(1) is involved in litigation if the litigation
61	61	ultimately results in the matter being held invalid by a final court
62	62	judgment; or
63	63	(2) has been held invalid by a final court judgment.
64	64	SECTION 7. (a) The legal notice of the intention to
65	65	introduce this Act, setting forth the general substance of this
66	66	Act, has been published as provided by law, and the notice and a
67	67	copy of this Act have been furnished to all persons, agencies,
68	68	officials, or entities to which they are required to be furnished
69	69	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
70	70	Government Code.
71	71	(b) The governor, one of the required recipients, has
72	72	submitted the notice and Act to the Texas Commission on
73	73	Environmental Quality.
74	74	(c) The Texas Commission on Environmental Quality has filed
75	75	its recommendations relating to this Act with the governor, the
76	76	lieutenant governor, and the speaker of the house of
77	77	representatives within the required time.
78	78	(d) All requirements of the constitution and laws of this
79	79	state and the rules and procedures of the legislature with respect
80	80	to the notice, introduction, and passage of this Act are fulfilled
81	81	and accomplished.
82	82	SECTION 8. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect September 1, 2023.
87	87	______________________________ ______________________________
88	88	President of the Senate Speaker of the House
89	89	I certify that H.B. No. 5409 was passed by the House on May
90	90	12, 2023, by the following vote: Yeas 126, Nays 14, 2 present, not
91	91	voting.
92	92	______________________________
93	93	Chief Clerk of the House
94	94	I certify that H.B. No. 5409 was passed by the Senate on May
95	95	21, 2023, by the following vote: Yeas 31, Nays 0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	APPROVED: _____________________
99	99	Date
100	100	_____________________
101	101	Governor