By: Creighton, Hagenbuch S.B. No. 1746
A BILL TO BE ENTITLED
AN ACT
relating to the relocation or removal of dredged spoils or
materials by a navigation district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 60, Water Code, is amended
by adding Section 60.1021 to read as follows:
Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR
MATERIALS. (a) In this section:
(1) "Dredged material placement area" means a
federally authorized disposal site for dredged spoils or materials.
(2) "Sole expense" means the actual cost of or an
in-kind contribution for the relocation or removal after deducting
the net salvage value derived from the dredged spoils or materials.
(b) If, in an exercise of the district's powers under this
subchapter, the district's power of eminent domain, or the
district's police power, a district requires the relocation or
removal of dredged spoils or materials from a dredged material
placement area owned, operated, managed, or established by another
district, the district that requires the relocation or removal
shall:
(1) comply with all requirements imposed by the United
States Army Corps of Engineers related to the dredged material
placement area; and
(2) either:
(A) pay at the district's sole expense the cost
of relocating or removing dredged spoils or materials; or
(B) relocate or remove the dredged spoils or
materials.
(c) If the relocation or removal of dredged spoils or
materials under Subsection (b) results in the reduction of another
district's rights to capacity in the dredged material placement
area, the district that required the relocation or removal shall be
obligated to:
(1) replace the affected district's lost capacity and
provide rights to the replaced lost capacity in an alternative
dredged material placement area; and
(2) pay the affected district's increased costs, if
any, to transport the dredged spoils or materials associated with
the lost capacity to the alternative dredged material placement
area described by Subdivision (1).
SECTION 2. 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, 2025.