| 2 | + | (In the Senate - Filed February 28, 2025; March 13, 2025, |
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| 3 | + | read first time and referred to Committee on Transportation; |
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| 4 | + | April 14, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 7, Nays 0; April 14, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1746 By: Hagenbuch |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | |
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| 5 | 12 | | |
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| 6 | 13 | | A BILL TO BE ENTITLED |
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| 7 | 14 | | AN ACT |
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| 8 | 15 | | relating to the relocation or removal of dredged spoils or |
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| 9 | 16 | | materials by a navigation district. |
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| 10 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 18 | | SECTION 1. Subchapter E, Chapter 60, Water Code, is amended |
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| 12 | 19 | | by adding Section 60.1021 to read as follows: |
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| 13 | 20 | | Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR |
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| 14 | 21 | | MATERIALS. (a) In this section: |
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| 15 | 22 | | (1) "Dredged material placement area" means a |
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| 16 | 23 | | federally authorized disposal site for dredged spoils or materials. |
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| 17 | 24 | | (2) "Sole expense" means the actual cost of or an |
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| 18 | 25 | | in-kind contribution for the relocation or removal after deducting |
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| 19 | 26 | | the net salvage value derived from the dredged spoils or materials. |
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| 20 | 27 | | (b) If, in an exercise of the district's powers under this |
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| 21 | 28 | | subchapter, the district's power of eminent domain, or the |
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| 22 | 29 | | district's police power, a district requires the relocation or |
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| 23 | 30 | | removal of dredged spoils or materials from a dredged material |
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| 24 | 31 | | placement area owned, operated, managed, or established by another |
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| 25 | 32 | | district, the district that requires the relocation or removal |
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| 26 | 33 | | shall: |
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| 27 | 34 | | (1) comply with all requirements imposed by the United |
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| 29 | 36 | | placement area; and |
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| 30 | 37 | | (2) either: |
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| 31 | 38 | | (A) pay at the district's sole expense the cost |
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| 32 | 39 | | of relocating or removing dredged spoils or materials; or |
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| 33 | 40 | | (B) relocate or remove the dredged spoils or |
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| 34 | 41 | | materials. |
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| 35 | 42 | | (c) If the relocation or removal of dredged spoils or |
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| 36 | 43 | | materials under Subsection (b) results in the reduction of another |
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| 37 | 44 | | district's rights to capacity in the dredged material placement |
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| 38 | 45 | | area, the district that required the relocation or removal shall be |
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| 39 | 46 | | obligated to: |
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| 40 | 47 | | (1) replace the affected district's lost capacity and |
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| 41 | 48 | | provide rights to the replaced lost capacity in an alternative |
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| 42 | 49 | | dredged material placement area; and |
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| 43 | 50 | | (2) pay the affected district's increased costs, if |
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| 44 | 51 | | any, to transport the dredged spoils or materials associated with |
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| 45 | 52 | | the lost capacity to the alternative dredged material placement |
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| 46 | 53 | | area described by Subdivision (1). |
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| 47 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 58 | | Act takes effect September 1, 2025. |
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