Bill Text: TX SB1160 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Gulf Coast Protection District; providing authority to issue bonds; providing authority to impose fees; providing authority to impose a tax; granting the power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective immediately [SB1160 Detail]
Download: Texas-2021-SB1160-Comm_Sub.html
Bill Title: Relating to the creation of the Gulf Coast Protection District; providing authority to issue bonds; providing authority to impose fees; providing authority to impose a tax; granting the power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective immediately [SB1160 Detail]
Download: Texas-2021-SB1160-Comm_Sub.html
By: Taylor | S.B. No. 1160 | |
(In the Senate - Filed March 8, 2021; March 18, 2021, read | ||
first time and referred to Committee on Water, Agriculture & Rural | ||
Affairs; March 30, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
March 30, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1160 | By: Taylor |
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relating to the creation of the Gulf Coast Protection District; | ||
providing authority to issue bonds; providing authority to impose | ||
fees; providing authority to impose a tax; granting the power of | ||
eminent domain. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle K, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 9502 to read as follows: | ||
CHAPTER 9502. GULF COAST PROTECTION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9502.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Gulf Coast Protection | ||
District. | ||
(4) "Ecosystem restoration report" means the Sabine | ||
Pass to Galveston Bay, Texas Coastal Storm Risk Management and | ||
Ecosystem Restoration Final Integrated Feasibility | ||
Report—Environmental Impact Statement issued by the Galveston | ||
District, Southwestern Division, of the United States Army Corps of | ||
Engineers in May 2017. | ||
(5) "Protection and restoration study" means the | ||
Coastal Texas Protection and Restoration Feasibility Study Final | ||
Integrated Feasibility Report and Environmental Impact Statement | ||
to be issued by the Galveston District, Southwestern Division, of | ||
the United States Army Corps of Engineers, the draft version of | ||
which was issued in October 2020. | ||
Sec. 9502.0102. NATURE OF DISTRICT. The district is a | ||
special district created under Section 59, Article XVI, Texas | ||
Constitution. | ||
Sec. 9502.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) The creation of the district is essential to accomplish the | ||
purposes of Section 59, Article XVI, Texas Constitution, and other | ||
public purposes stated in this chapter. | ||
(b) The creation of the district is necessary to establish | ||
an instrumentality for protecting the coast in Chambers, Galveston, | ||
Harris, Jefferson, and Orange Counties in the manner provided by | ||
this chapter. | ||
(c) The district is created to serve a public use and | ||
benefit. | ||
(d) All land and other property included in the boundaries | ||
of the district will benefit from the works and projects | ||
accomplished by the district. | ||
Sec. 9502.0104. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory in Chambers, Galveston, Harris, | ||
Jefferson, and Orange Counties and territory annexed to the | ||
district as described by Subsection (b). | ||
(b) The governing body of the district by order shall annex | ||
to the district the territory of a county included in the protection | ||
and restoration study at the request of the commissioners court of | ||
that county. | ||
Sec. 9502.0105. APPLICATION OF SUNSET ACT. (a) The | ||
district is subject to review under Chapter 325, Government Code | ||
(Texas Sunset Act), but may not be abolished under that chapter. | ||
The review shall be conducted under Section 325.025, Government | ||
Code, as if the authority were a state agency scheduled to be | ||
abolished September 1, 2033, and every 12th year after that year. | ||
(b) The limited review under this section must assess the | ||
district's: | ||
(1) governance; | ||
(2) management; | ||
(3) operating structure; and | ||
(4) compliance with legislative requirements. | ||
(c) The district shall pay the cost incurred by the Sunset | ||
Advisory Commission in performing the review. The Sunset Advisory | ||
Commission shall determine the cost, and the district shall pay the | ||
amount promptly on receipt of a statement from the Sunset Advisory | ||
Commission detailing the cost. | ||
(d) The district may not be required to conduct a management | ||
audit under 30 T.A.C. Chapter 292. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9502.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of 11 directors. | ||
(b) The commissioners courts of Chambers County, Galveston | ||
County, Harris County, Jefferson County, and Orange County each | ||
shall appoint one director. | ||
(c) The governor, with the advice and consent of the senate, | ||
shall appoint six directors as follows: | ||
(1) two directors to represent Harris County, in | ||
addition to the member appointed by the commissioners court under | ||
Subsection (b); | ||
(2) one director to represent a municipality in the | ||
district; | ||
(3) one director to represent ports; | ||
(4) one director to represent industry; and | ||
(5) one director to represent environmental concerns. | ||
(d) In making the appointments required by Subsection (c), | ||
the governor shall ensure that residents of a single county do not | ||
make up a majority of the directors. | ||
(e) The governor shall consult with: | ||
(1) the commissioners court of Harris County in making | ||
the appointments required by Subsection (c)(1); and | ||
(2) municipalities in the district in making the | ||
appointment required by Subsection (c)(2). | ||
(f) Directors serve staggered four-year terms. | ||
(g) When a director's term expires, the appointing entity | ||
shall appoint a successor. | ||
(h) If a director's office becomes vacant by death, | ||
resignation, or removal, the appointing entity shall appoint a | ||
director to serve for the remainder of the unexpired term. | ||
(i) The board shall elect a presiding officer from among the | ||
directors to serve in that position for two years. A director may | ||
serve as the presiding officer for not more than two consecutive | ||
terms. | ||
(j) Notwithstanding Subsection (f), the governor shall | ||
designate from the 11 initial directors 5 directors to serve a first | ||
term of two years. This subsection expires September 1, 2025. | ||
Sec. 9502.0202. QUALIFICATION. (a) To qualify for office, | ||
a director must be a registered voter who resides in the district. | ||
(b) To qualify for office, a director described by Section | ||
9502.0201(b) or (c)(1) or (2) must be a resident of the county or | ||
municipality the person is appointed to represent. | ||
Sec. 9502.0203. CERTAIN CONFLICTS PROHIBITED. (a) An | ||
individual is not eligible to serve as a director if, in the | ||
preceding 24 months, the individual had an interest in or was | ||
employed by or affiliated with a person who has submitted a bid or | ||
entered into a contract for a district project. | ||
(b) The board may not employ or appoint an individual | ||
described by Subsection (a) to work for the district. | ||
(c) A director may not acquire a direct or indirect interest | ||
in a district project. | ||
Sec. 9502.0204. REIMBURSEMENT. A director is not entitled | ||
to compensation but is entitled to reimbursement for necessary | ||
expenses incurred in carrying out the duties and responsibilities | ||
of the board. | ||
Sec. 9502.0205. VOTING. A concurrence of a majority of the | ||
directors is required for transacting any business of the district. | ||
Sec. 9502.0206. TEMPORARY EXECUTIVE DIRECTOR. The governor | ||
shall appoint a temporary executive director for the district to | ||
serve until the initial board members hire an executive director | ||
for the district. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9502.0301. GENERAL DISTRICT POWERS. (a) Except as | ||
otherwise provided by this section, the district may: | ||
(1) establish, construct, extend, maintain, operate, | ||
or improve a coastal barrier or storm surge gate in the manner | ||
provided by Chapter 571, Local Government Code, for a county to | ||
establish, construct, extend, maintain, or improve a seawall; | ||
(2) exercise the authority granted to counties to | ||
conduct any project described by Chapter 571, Local Government | ||
Code; | ||
(3) establish, construct, and maintain recreational | ||
facilities for public use and environmental mitigation facilities | ||
related to a project described by Subdivision (1) or (2); and | ||
(4) establish, construct, maintain, or operate a | ||
project recommended in the ecosystem restoration report or the | ||
protection and restoration study. | ||
(b) Sections 571.006, 571.007, 571.008, 571.009, and | ||
571.010, Local Government Code, do not apply to the district. | ||
(c) Before implementing a project described by Subsection | ||
(a), the district shall consult with local, state, and federal | ||
entities to determine whether an environmental remediation | ||
response action is anticipated or located near or at the proposed | ||
location of the project. | ||
(d) If implementation of a project described by Subsection | ||
(a) disrupts, wholly or partly, an ongoing or planned environmental | ||
remediation response action, the district shall: | ||
(1) consult with the responsible party of the | ||
environmental remediation response action; and | ||
(2) coordinate implementation of the project in a | ||
manner that does not disrupt the environmental remediation response | ||
action. | ||
Sec. 9502.0302. TAXES AND BONDS. (a) The district must | ||
hold an election in the manner provided by Chapter 49, Water Code, | ||
to obtain voter approval before the district may impose an ad | ||
valorem tax or issue bonds payable from ad valorem taxes. | ||
(b) The board may impose the tax at a rate not to exceed 5 | ||
cents on each $100 valuation. | ||
(c) The district, without an election, may issue bonds, | ||
notes, or other obligations secured by revenue other than ad | ||
valorem taxes. | ||
Sec. 9502.0303. REQUIREMENTS FOR CERTAIN PROJECTS. If the | ||
district enters into an agreement with another entity to implement | ||
a project recommended in the ecosystem restoration report or the | ||
protection and restoration study, the district: | ||
(1) shall develop a maintenance and operation plan for | ||
the project; | ||
(2) may enter into a partnership with a private entity | ||
to fund a local share of the cost of the project; and | ||
(3) may use any available money to provide matching | ||
funds to the United States Army Corps of Engineers to implement the | ||
project. | ||
Sec. 9502.0304. ACQUISITION AND DISPOSITION OF PROPERTY AND | ||
RIGHTS. (a) The district may purchase, lease, acquire by gift, | ||
maintain, use, and operate property of any kind appropriate for the | ||
exercise of the district's functions. | ||
(b) The district may acquire permits, licenses, and rights | ||
related to the exercise of the district's functions. | ||
Sec. 9502.0305. AGREEMENTS. (a) The district may enter | ||
into a cooperative agreement with a political subdivision, a state | ||
agency, the United States Army Corps of Engineers, or another | ||
federal agency for a purpose related to the study, design, | ||
construction, operation, or maintenance of a district project. | ||
(b) The district may enter into an interlocal agreement with | ||
a political subdivision for a purpose related to the study, design, | ||
construction, operation, or maintenance of a district project to | ||
include the acceptance of the assignment of rights or obligations | ||
in an existing design agreement or a project partnership agreement | ||
between the political subdivision and the United States Army Corps | ||
of Engineers. | ||
Sec. 9502.0306. CONTRACTS GENERALLY. (a) The district may | ||
enter into contracts and execute instruments that are necessary or | ||
convenient to the exercise of the district's powers, rights, | ||
duties, and functions. A contract may be for any term, including | ||
for the life of any facility or structure in the territory of the | ||
district. | ||
(b) The district and another governmental entity may enter | ||
into a contract for the operation or maintenance of an authorized | ||
project in the same way that a political subdivision may contract | ||
with another governmental entity under Chapter 472, Transportation | ||
Code, to construct or maintain a road or highway. | ||
(c) The district may enter into a project partnership | ||
agreement with the United States Army Corps of Engineers for the | ||
study, design, construction, operation, and maintenance of a | ||
project recommended in the ecosystem restoration report or the | ||
protection and restoration study. | ||
(d) A public agency or political subdivision is authorized | ||
to: | ||
(1) enter into a contract with the district; | ||
(2) determine, agree, and pledge that all or any part | ||
of its payments under a contract with the district shall be payable | ||
from any source, subject only to the authorization by a majority | ||
vote of the governing body of such public agency or political | ||
subdivision of the contract, pledge, and payments; | ||
(3) use and pledge any available revenues or resources | ||
for and to the payment of amounts due under a contract with the | ||
district as an additional source of payment or as the sole source of | ||
payment and agree with the district to assure the availability of | ||
revenue and resources when required; and | ||
(4) fix, charge, and collect impact fees and utility | ||
charges, if the public agency or political subdivision is otherwise | ||
authorized to impose the fees and charges, and to use and pledge | ||
revenue from the fees or charges to make payments to the district | ||
required under a contract with the district. | ||
Sec. 9502.0307. CERTAIN CONTRACTS. The district may enter | ||
into contracts in the manner provided by Chapter 49, Water Code, for | ||
construction or repair projects and the purchase of equipment, | ||
materials, or supplies. | ||
Sec. 9502.0308. CONFLICT WITH ORDER OR ACTION OF ANOTHER | ||
POLITICAL SUBDIVISION. An order or action of a navigation | ||
district, port authority, river authority, or drainage district | ||
relating to the operation or maintenance of a district project | ||
supersedes an order or action of the district to the extent of any | ||
conflict. | ||
Sec. 9502.0309. AUTHORITY TO DEVELOP BARRIER CLOSURE | ||
PROCEDURES. If the district implements a project to create a | ||
coastal barrier, the district shall develop closure procedures in | ||
conjunction with each board of trustees established under Chapter | ||
54, Transportation Code, navigation district, drainage district, | ||
and port authority affected by the barrier or closure. | ||
Sec. 9502.0310. ANNUAL REPORT REQUIRED. The district shall | ||
annually submit a report to the legislature, the Legislative Budget | ||
Board, the General Land Office, and the commissioners court of each | ||
county in which the district is located. The report must: | ||
(1) describe the district's financial condition and | ||
operations during the preceding year; | ||
(2) propose a budget for the following year; and | ||
(3) describe generally the work proposed for the | ||
following year. | ||
Sec. 9502.0311. EMINENT DOMAIN. The district may exercise | ||
the power of eminent domain to acquire a fee simple or other | ||
interest in any type of property if the interest is necessary or | ||
convenient for the exercise of the district's functions. The | ||
district must exercise the power of eminent domain in the manner | ||
provided by Chapter 21, Property Code. | ||
SECTION 2. (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 3. (a) Section 9502.0311, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 9502, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 9502.0311 to read as follows: | ||
Sec. 9502.0311. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
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 September 1, 2021. | ||
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