Bill Text: TX HB190 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 190 (Prior Session Legislation)

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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-08-19 - Filed [HB190 Detail]

Download: Texas-2021-HB190-Introduced.html

	87S20795 ANG-D

	By: Huberty	H.B. No. 190



	A BILL TO BE ENTITLED
	AN ACT
	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.