Texas 2025 - 89th Regular

Texas House Bill HB1532 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	89R21447 ANG-D
2	2	By: Cunningham, Walle, Dutton, Swanson H.B. No. 1532
3	3	Substitute the following for H.B. No. 1532:
4	4	By: Martinez C.S.H.B. No. 1532
5	5
6	6
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Lake Houston Dredging and
12	12	Maintenance District; providing the authority to issue bonds.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subtitle L, Title 6, Special
15	15	District Local Laws Code, is amended to read as follows:
16	16	SUBTITLE L. MUNICIPAL AND COUNTY WATER DISTRICTS
17	17	SECTION 2. Subtitle L, Title 6, Special District Local Laws
18	18	Code, is amended by adding Chapter 9602 to read as follows:
19	19	CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 9602.0101. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the board of directors of the
23	23	district.
24	24	(2) "Director" means a member of the board of
25	25	directors of the district.
26	26	(3) "District" means the Lake Houston Dredging and
27	27	Maintenance District.
28	28	(4) "Service area" means the area in which the
29	29	district may perform dredging and maintenance operations, which is
30	30	composed of the following territory:
31	31	(A) Lake Houston;
32	32	(B) the East and West Forks of the San Jacinto
33	33	River between the Harris County line and Lake Houston;
34	34	(C) Luce Bayou downstream from Trent Road; and
35	35	(D) Caney Creek between the Harris County line
36	36	and Lake Houston.
37	37	Sec. 9602.0102. NATURE OF DISTRICT. The district is a
38	38	conservation and reclamation district created under and essential
39	39	to accomplish the purposes of Section 59, Article XVI, Texas
40	40	Constitution.
41	41	Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
42	42	(a) The district is created to serve a public use and benefit.
43	43	(b) All land and other property in the boundaries of the
44	44	district will benefit from the works and projects accomplished by
45	45	the district under the powers conferred by Section 59, Article XVI,
46	46	Texas Constitution.
47	47	Sec. 9602.0104. DISTRICT TERRITORY. Unless the district
48	48	territory has been modified under Subchapter J, Chapter 49, Water
49	49	Code, or other law, the boundaries of the district are coextensive
50	50	with the boundaries of Harris County.
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 9602.0201. GOVERNING BODY; TERMS; PRESIDING OFFICER.
53	53	(a) The district is governed by a board of five directors appointed
54	54	as follows:
55	55	(1) one director appointed by the city council of the
56	56	City of Houston;
57	57	(2) two directors appointed by the director of the
58	58	City of Houston Public Works;
59	59	(3) one director appointed by the governing body of
60	60	the Harris County Flood Control District; and
61	61	(4) one director appointed by the mayor of the City of
62	62	Houston.
63	63	(b) Directors serve staggered four-year terms.
64	64	(c) The director appointed under Subsection (a)(4) serves
65	65	as the board's presiding officer.
66	66	SUBCHAPTER C. POWERS AND DUTIES
67	67	Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as
68	68	provided by this chapter, the district has the powers and duties
69	69	applicable to a district under Chapter 49, Water Code.
70	70	Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this
71	71	section, "dredging and maintenance operations" includes the
72	72	removal of:
73	73	(1) sediment and debris that accumulates under and
74	74	above the water; and
75	75	(2) floating debris.
76	76	(b) The district may form voluntary interlocal agreements
77	77	with political subdivisions, corporate entities, or other persons
78	78	to perform dredging and maintenance operations in areas of the
79	79	service area controlled or maintained by the party to the
80	80	interlocal agreement. The district may not require payment from
81	81	the other party to the interlocal agreement for dredging and
82	82	maintenance operations performed under an interlocal agreement
83	83	entered into under this section.
84	84	(c) The district may seek from any source a grant of money or
85	85	another resource to assist the district's dredging and maintenance
86	86	operations.
87	87	(d) Dredging and maintenance operations performed by or
88	88	caused to be performed by the district may not:
89	89	(1) negatively affect the quality of water in Lake
90	90	Houston; or
91	91	(2) degrade the quality of water to be:
92	92	(A) treated by the City of Houston's Northeast
93	93	Water Purification Plant or any other surface water treatment
94	94	plant; or
95	95	(B) transported by the West Canal or another
96	96	water conveyance system.
97	97	(e) The district must:
98	98	(1) obtain approval from the City of Houston Public
99	99	Works before performing or causing to be performed dredging and
100	100	maintenance operations in Lake Houston; and
101	101	(2) exercise due diligence when performing dredging
102	102	and maintenance operations in Lake Houston.
103	103	(f) The City of Houston Public Works is immune from
104	104	liability for any damages resulting from direct or indirect
105	105	dredging and maintenance operations performed in Lake Houston,
106	106	regardless of whether the operations are performed by or caused to
107	107	be performed by the district.
108	108	Sec. 9602.0303. SAND, GRAVEL, MARL, SHELL, AND MUDSHELL.
109	109	(a) Notwithstanding any other law, the district may take sand,
110	110	gravel, marl, shell, and mudshell from areas of the service area to
111	111	restore, maintain, or expand the capacity of the service area to
112	112	convey storm flows.
113	113	(b) For purposes of this section, the district is not
114	114	required to:
115	115	(1) obtain a permit or pay a fee to take sand, gravel,
116	116	marl, shell, or mudshell under Subsection (a); or
117	117	(2) purchase sand, gravel, marl, shell, or mudshell
118	118	taken under Subsection (a).
119	119	(c) The district may:
120	120	(1) deposit sand, gravel, marl, shell, or mudshell
121	121	taken under Subsection (a) on private land; and
122	122	(2) sell sand, gravel, marl, shell, or mudshell taken
123	123	under Subsection (a).
124	124	Sec. 9602.0304. LIMITATION ON POWERS. The district may
125	125	not:
126	126	(1) finance, develop, or maintain a recreational
127	127	facility under Subchapter N, Chapter 49, Water Code;
128	128	(2) exercise the power of eminent domain; or
129	129	(3) perform the same function as another conservation
130	130	and reclamation district whose territory overlaps with the
131	131	territory of the district, except the district may perform dredging
132	132	operations if other conservation and reclamation districts are
133	133	performing dredging operations in the territory of the district.
134	134	SUBCHAPTER D. FINANCIAL PROVISIONS
135	135	Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
136	136	district may issue bonds payable from and secured by district
137	137	revenue to carry out any power conferred by this chapter. The bonds
138	138	must be authorized by a board resolution.
139	139	(b) The bonds must be issued in the manner and under the
140	140	terms of the resolution authorizing the issuance of the bonds.
141	141	Sec. 9602.0402. PLAN OF FINANCING. (a) The district shall
142	142	study methods of financing the services provided by and
143	143	improvements constructed by the district.
144	144	(b) The district shall make the results of the study
145	145	conducted under this section available to the public.
146	146	Sec. 9602.0403. PROHIBITION ON TAXATION AND FEES. The
147	147	district may not impose a tax or charge a fee.
148	148	Sec. 9602.0404. STATE FUNDING. (a) Except as provided by
149	149	Subsection (b), the legislature may appropriate money from the
150	150	state treasury to the district to fund the district's activities
151	151	under this chapter. Legislative appropriations to the district for
152	152	a state fiscal year may not exceed $25 million.
153	153	(b) The legislature may not appropriate money to the
154	154	district for a state fiscal year that begins on or after September
155	155	1, 2027.
156	156	SECTION 3. (a) Not later than September 1, 2026, the city
157	157	council of the City of Houston, the director of the City of Houston
158	158	Public Works, the governing body of the Harris County Flood Control
159	159	District, and the mayor of the City of Houston shall appoint the
160	160	initial members of the board of directors of the Lake Houston
161	161	Dredging and Maintenance District as required by Section 9602.0201,
162	162	Special District Local Laws Code, as added by this Act.
163	163	(b) At the first meeting of the board of directors of the
164	164	Lake Houston Dredging and Maintenance District, the directors shall
165	165	draw lots to determine which three directors serve a term of four
166	166	years and which two directors serve a term of two years.
167	167	SECTION 4. (a) The legal notice of the intention to
168	168	introduce this Act, setting forth the general substance of this
169	169	Act, has been published as provided by law, and the notice and a
170	170	copy of this Act have been furnished to all persons, agencies,
171	171	officials, or entities to which they are required to be furnished
172	172	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
173	173	Government Code.
174	174	(b) The governor, one of the required recipients, has
175	175	submitted the notice and Act to the Texas Commission on
176	176	Environmental Quality.
177	177	(c) The Texas Commission on Environmental Quality has filed
178	178	its recommendations relating to this Act with the governor, the
179	179	lieutenant governor, and the speaker of the house of
180	180	representatives within the required time.
181	181	(d) All requirements of the constitution and laws of this
182	182	state and the rules and procedures of the legislature with respect
183	183	to the notice, introduction, and passage of this Act are fulfilled
184	184	and accomplished.
185	185	SECTION 5. This Act takes effect immediately if it receives
186	186	a vote of two-thirds of all the members elected to each house, as
187	187	provided by Section 39, Article III, Texas Constitution. If this
188	188	Act does not receive the vote necessary for immediate effect, this
189	189	Act takes effect September 1, 2025.