Texas 2025 - 89th Regular

Texas House Bill HB2954 Compare Versions

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1-89R22248 SCR-F
2- By: Metcalf, Leo Wilson H.B. No. 2954
3- Substitute the following for H.B. No. 2954:
4- By: Little C.S.H.B. No. 2954
1+89R8873 SCR-F
2+ By: Metcalf H.B. No. 2954
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97 A BILL TO BE ENTITLED
108 AN ACT
119 relating to the relocation or removal of dredged spoils or
1210 materials by a navigation district.
1311 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1412 SECTION 1. Subchapter E, Chapter 60, Water Code, is amended
1513 by adding Section 60.1021 to read as follows:
1614 Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR
17- MATERIALS. (a) In this section:
18- (1) "Dredged material placement area" means a
19- federally authorized disposal site for dredged spoils or materials.
20- (2) "Sole expense" means the actual cost of or an
21- in-kind contribution for the relocation or removal after deducting
22- the net salvage value derived from the dredged spoils or materials.
23- (b) If, in an exercise of the district's powers under this
24- subchapter, the district's power of eminent domain, or the
25- district's police power, a district requires the relocation or
26- removal of dredged spoils or materials from a dredged material
27- placement area owned, operated, managed, or established by another
28- district, the district that requires the relocation or removal
29- shall:
30- (1) comply with all requirements imposed by the United
31- States Army Corp of Engineers related to the dredged material
32- placement area; and
33- (2) either:
34- (A) pay at the district's sole expense the cost
35- of relocating or removing dredged spoils or materials; or
36- (B) relocate or remove the dredged spoils or
15+ MATERIALS. (a) If a district requires the relocation or removal of
16+ dredged spoils or materials in an exercise of the district's powers
17+ under this subchapter, the district's power of eminent domain, or
18+ the district's police power, the district shall:
19+ (1) pay at the district's sole expense the cost of
20+ relocating or removing dredged spoils or materials; or
21+ (2) relocate or remove the dredged spoils or
3722 materials.
38- (c) If the relocation or removal of dredged spoils or
39- materials under Subsection (b) results in the reduction of another
40- district's rights to capacity in the dredged material placement
41- area, the district that required the relocation or removal shall be
42- obligated to:
43- (1) replace the affected district's lost capacity and
44- provide rights to the replaced lost capacity in an alternative
45- dredged material placement area; and
46- (2) pay the affected district's increased costs, if
47- any, to transport the dredged spoils or materials associated with
48- the lost capacity to the alternative dredged material placement
49- area described by Subdivision (1).
23+ (b) In this section, "sole expense" means the actual cost of
24+ the relocation or removal after deducting the net salvage value
25+ derived from the dredged spoils or materials.
5026 SECTION 2. This Act takes effect immediately if it receives
5127 a vote of two-thirds of all the members elected to each house, as
5228 provided by Section 39, Article III, Texas Constitution. If this
5329 Act does not receive the vote necessary for immediate effect, this
5430 Act takes effect September 1, 2025.