Bill Text: TX HB190 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the creation of the Lake Houston Dredging and Maintenance District; providing the authority to issue bonds; providing authority to impose assessments and fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-19 - Filed [HB190 Detail]
Download: Texas-2021-HB190-Introduced.html
| 87S20795 ANG-D | ||
| By: Huberty | H.B. No. 190 | |
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| relating to the creation of the Lake Houston Dredging and | ||
| Maintenance District; providing the authority to issue bonds; | ||
| providing authority to impose assessments and fees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle L, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 9602 to read as follows: | ||
| CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 9602.0101. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the board of directors of the | ||
| district. | ||
| (2) "Director" means a member of the board of | ||
| directors of the district. | ||
| (3) "District" means the Lake Houston Dredging and | ||
| Maintenance District. | ||
| Sec. 9602.0102. NATURE OF DISTRICT. The district is a | ||
| conservation and reclamation district created under and essential | ||
| to accomplish the purposes of Section 59, Article XVI, Texas | ||
| Constitution. | ||
| Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
| (a) The district is created to serve a public use and benefit. | ||
| (b) All land and other property in the boundaries of the | ||
| district will benefit from the works and projects accomplished by | ||
| the district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 9602.0104. DISTRICT TERRITORY. Unless the district | ||
| territory has been modified under Subchapter J, Chapter 49, Water | ||
| Code, or other law, the boundaries of the district are coextensive | ||
| with the boundaries of Harris County. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 9602.0201. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of directors appointed as follows: | ||
| (1) three directors appointed by the Harris County | ||
| Commissioners Court; | ||
| (2) three directors appointed by the city council of | ||
| the City of Houston; and | ||
| (3) the board's presiding officer, appointed jointly | ||
| by the county judge of Harris County and the mayor of the City of | ||
| Houston. | ||
| (b) Directors serve staggered four-year terms. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as | ||
| provided by this chapter, the district has the powers and duties | ||
| applicable to a district under Chapter 49, Water Code. | ||
| Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this | ||
| section, "dredging and maintenance operations" includes the | ||
| removal of: | ||
| (1) sediment and debris that accumulates under and | ||
| above the water; and | ||
| (2) floating debris. | ||
| (b) The district may form voluntary interlocal agreements | ||
| with political subdivisions, corporate entities, or other persons | ||
| to perform dredging and maintenance operations in areas on Lake | ||
| Houston and its tributaries located within the district controlled | ||
| or maintained by the party to the interlocal agreement. The | ||
| district may require payment from the other party to the interlocal | ||
| agreement for dredging and maintenance operations performed under | ||
| an interlocal agreement entered into under this section. | ||
| (c) The district may seek from any source a grant of money or | ||
| another resource to assist the district's dredging and maintenance | ||
| operations. | ||
| (d) Dredging and maintenance operations performed by or | ||
| caused to be performed by the district may not: | ||
| (1) negatively affect the quality of water in Lake | ||
| Houston; or | ||
| (2) degrade the quality of water to be treated by the | ||
| City of Houston's Northeast Water Purification Plant. | ||
| (e) The district must obtain approval before performing | ||
| dredging and maintenance operations in Lake Houston from the City | ||
| of Houston Public Works--Engineering Department. | ||
| Sec. 9602.0303. SAND, GRAVEL, MARL, SHELL, AND MUDSHELL. | ||
| (a) Notwithstanding any other law, the district may take sand, | ||
| gravel, marl, shell, and mudshell from Lake Houston and its | ||
| tributaries to restore, maintain, or expand the capacity of the | ||
| lake and its tributaries to convey storm flows. | ||
| (b) For purposes of this section, the district is not | ||
| required to: | ||
| (1) obtain a permit or pay a fee to take sand, gravel, | ||
| marl, shell, or mudshell under Subsection (a); or | ||
| (2) purchase sand, gravel, marl, shell, or mudshell | ||
| taken under Subsection (a). | ||
| (c) The district may: | ||
| (1) deposit sand, gravel, marl, shell, or mudshell | ||
| taken under Subsection (a) on private land; and | ||
| (2) sell sand, gravel, marl, shell, or mudshell taken | ||
| under Subsection (a). | ||
| Sec. 9602.0304. LIMITATION ON POWERS. The district may | ||
| not: | ||
| (1) finance, develop, or maintain a recreational | ||
| facility under Subchapter N, Chapter 49, Water Code; | ||
| (2) exercise the power of eminent domain; or | ||
| (3) perform the same function as another conservation | ||
| and reclamation district whose territory overlaps with the | ||
| territory of the district, except the district may perform dredging | ||
| operations if other conservation and reclamation districts are | ||
| performing dredging operations in the territory of the district. | ||
| SUBCHAPTER D. FINANCIAL PROVISIONS | ||
| Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The | ||
| district may issue bonds payable from and secured by district | ||
| revenue to carry out any power conferred by this chapter. The bonds | ||
| must be authorized by a board resolution. | ||
| (b) The bonds must be issued in the manner and under the | ||
| terms of the resolution authorizing the issuance of the bonds. | ||
| Sec. 9602.0402. PLAN OF FINANCING. (a) The district shall | ||
| study methods of financing the services provided by and | ||
| improvements constructed by the district. | ||
| (b) The district shall make the results of the study | ||
| conducted under this section available to the public. | ||
| Sec. 9602.0403. PROHIBITION ON TAXATION AND CERTAIN FEES. | ||
| (a) The district may not impose an ad valorem tax. | ||
| (b) Except as provided by Section 9602.0302, the district | ||
| may not charge a fee. | ||
| SECTION 2. (a) Not later than September 1, 2022, the Harris | ||
| County Commissioners Court, the city council of the City of | ||
| Houston, the county judge of Harris County, and the mayor of the | ||
| City of Houston shall appoint the initial members of the board of | ||
| the Lake Houston Dredging and Maintenance District as required by | ||
| Section 9602.0201, Special District Local Laws Code, as added by | ||
| this Act. | ||
| (b) At the first meeting of the board of directors of the | ||
| Lake Houston Dredging and Maintenance District, the directors shall | ||
| draw lots to determine which four directors serve a term of four | ||
| years and which three directors serve a term of two years. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act are fulfilled | ||
| and accomplished. | ||
| SECTION 4. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
