Bill Text: TX SB2265 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the Gulf Coast Waste Disposal Authority and expanding the territory and powers of the authority; authorizing fees and the issuance of bonds.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-05 - Referred to Special Purpose Districts [SB2265 Detail]
Download: Texas-2017-SB2265-Engrossed.html
By: Taylor of Galveston, et al. | S.B. No. 2265 |
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relating to the Gulf Coast Waste Disposal Authority and expanding | ||
the territory and powers of the authority; authorizing fees and the | ||
issuance of bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.01, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended to read as follows: | ||
Sec. 1.01. PURPOSE. The purpose of this Act is to: | ||
(1) establish an instrumentality for developing and | ||
effectuating for the upper Gulf Coast region in this state | ||
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management program including provision of waste disposal and water | ||
systems and regulation of disposal of wastes; and | ||
(2) establish an instrumentality for operating and | ||
maintaining a coastal barrier constructed with federal funds to | ||
protect the upper Gulf Coast region in this state from | ||
hurricane-induced storm surges. | ||
SECTION 2. Section 1.02, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended to read as follows: | ||
Sec. 1.02. FINDINGS AND DECLARATION OF POLICY. The | ||
legislature finds [ |
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(1) the quality of waters in the upper Gulf Coast | ||
region in this state [ |
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materially affected by the disposal of wastes [ |
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(2) [ |
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pollution in that region [ |
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and preventive measures, [ |
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waste disposal, and [ |
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more effective than efforts on a county-wide, city-wide, or smaller | ||
scale; | ||
(3) [ |
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waste, may impair water quality by seepage, drainage, and | ||
otherwise; | ||
(4) [ |
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Authority would advance the established policy of the state to | ||
maintain the quality of the waters in the state consistent with the | ||
public health and public enjoyment thereof, the propagation and | ||
protection of terrestrial and aquatic life, the operation of | ||
existing industries, and the economic development of the state; | ||
(5) [ |
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district for beneficial uses requires that all reasonable measures | ||
be taken to prevent and abate water pollution, and to reclaim | ||
polluted water for beneficial uses; and | ||
(6) the territory in the upper Gulf Coast region in | ||
this state is vulnerable to damage from hurricane-induced storm | ||
surges and that granting the Gulf Coast Waste Disposal Authority | ||
the power to operate and maintain a coastal barrier constructed | ||
with federal funds would advance the public purpose of protecting | ||
the upper Gulf Coast region in this state from hurricane-induced | ||
storm surges. | ||
SECTION 3. Section 1.03(a), Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended by adding | ||
Subdivision (24) to read as follows: | ||
(24) "Coastal spine" means a coastal barrier to | ||
protect the upper Gulf Coast region in this state from | ||
hurricane-induced storm surges. | ||
SECTION 4. Section 2.02, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended to read as follows: | ||
Sec. 2.02. DESCRIPTION. (a) Except as provided by | ||
Subsection (b) of this section, the [ |
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consists of [ |
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Galveston, and Harris Counties. | ||
(b) On the date the authority adopts a resolution under | ||
Section 3A.01 of this Act stating that the requirements of that | ||
section have been met, the authority's territory consists of | ||
Brazoria, Chambers, Galveston, Harris, Jefferson, and Orange | ||
Counties. | ||
(c) The Legislature declares that all the area included in | ||
the authority's territory [ |
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exercise of the powers conferred by this Act. | ||
SECTION 5. Section 2.03, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended by amending | ||
Subsections (b) and (e) and adding Subsections (f), (g), and (h) to | ||
read as follows: | ||
(b) Except as provided by Subsection (g) of this section, | ||
the [ |
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(e) The [ |
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municipalities waste disposal councils [ |
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Galveston, and Harris Counties each [ |
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(f) The board may appoint one or more persons to the board to | ||
serve as nonvoting directors for any term. | ||
(g) On the date the authority adopts a resolution under | ||
Section 3A.01 of this Act stating that the requirements of that | ||
section have been met, the board consists of 18 voting directors. | ||
(h) If the board consists of 18 voting directors, as | ||
provided by Subsection (g) of this section, in addition to | ||
appointments made under Subsections (c), (d), and (e) of this | ||
section, the appointment councils of Brazoria, Jefferson, and | ||
Orange Counties each shall appoint one voting director. | ||
SECTION 6. Section 2.05, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended by amending | ||
Subsections (a) and (c) and adding Subsections (a-1), (a-2), (c-1), | ||
(c-2), and (g) to read as follows: | ||
(a) A director's term of office shall be two years, | ||
commencing September 1 of the year in which the director is | ||
appointed [ |
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(a-1) If the board has nine voting directors, as provided by | ||
Section 2.03(b) of this Act, the directors' terms must be staggered | ||
so that the terms of not more than five directors expire in a single | ||
year. | ||
(a-2) If the board has 18 voting directors, as provided by | ||
Section 2.03(g) of this Act, the directors' terms must be staggered | ||
so that the terms of not more than 10 directors expire in a single | ||
year. | ||
(c) There are [ |
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(1) the Municipalities Waste Disposal Council of | ||
Chambers County, [ |
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all of the incorporated cities and towns the city hall of which is | ||
situated within Chambers County; | ||
(2) the Municipalities Waste Disposal Council of | ||
Galveston County, [ |
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and all of the incorporated cities and towns the city hall of which | ||
is situated within Galveston County; and | ||
(3) the Municipalities Waste Disposal Council of | ||
Harris County, [ |
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all of the incorporated cities and towns the city hall of which is | ||
situated within Harris County. | ||
(c-1) On the date the authority adopts a resolution under | ||
Section 3A.01 of this Act stating that the requirements of that | ||
section have been met, there are created: | ||
(1) the Appointment Council of Brazoria County, | ||
composed of the mayors of the municipalities in Brazoria County; | ||
(2) the Appointment Council of Jefferson County, | ||
composed of the mayors of the municipalities in Jefferson County; | ||
and | ||
(3) the Appointment Council of Orange County, composed | ||
of the mayors of the municipalities in Orange County. | ||
(c-2) The sole function of the [ |
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under Subsections (c) and (c-1) of this section is [ |
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selection of directors. Each [ |
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and shall adopt such bylaws relating to the conduct of its affairs | ||
as the council shall determine to be necessary. | ||
(g) Subsection (f) of this section governs the appointment | ||
of directors by appointment councils created under Subsection (c-1) | ||
of this section in the same way that Subsection (f) of this section | ||
governs appointments by municipal waste disposal councils. | ||
SECTION 7. Subchapter 2, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended by adding Section | ||
2.17 to read as follows: | ||
Sec. 2.17. ADVISORY BOARD. (a) The Coastal Spine Advisory | ||
Board shall advise the authority board during the construction of a | ||
coastal spine that is to be operated and maintained by the authority | ||
on matters related to the operation and maintenance of the coastal | ||
spine. | ||
(b) The advisory board is not required to be appointed or to | ||
meet unless the authority has adopted a resolution under Section | ||
3A.01 of this Act stating that the requirements of that section have | ||
been met. | ||
(c) The advisory board is composed of seven members as | ||
follows: | ||
(1) one member appointed by the governor; | ||
(2) one member appointed by the lieutenant governor; | ||
(3) one member appointed by the speaker of the house of | ||
representatives; | ||
(4) one member appointed by the Texas Commission on | ||
Environmental Quality; | ||
(5) one member appointed by the Parks and Wildlife | ||
Commission; | ||
(6) the commissioner of the General Land Office, or | ||
the commissioner's designee; and | ||
(7) one member of the authority board chosen by the | ||
authority board. | ||
(d) The advisory board is not authorized to act on behalf of | ||
the authority without the approval of the authority board. | ||
(e) The advisory board shall: | ||
(1) select from among its members a presiding officer; | ||
and | ||
(2) adopt provisions to determine the terms of board | ||
members and stagger the members' terms and other provisions | ||
necessary to administer the board. | ||
(f) An advisory board member is not entitled to | ||
reimbursement of expenses or to compensation. | ||
(g) The advisory board may appoint one or more persons to | ||
the advisory board to serve as nonvoting members. | ||
(h) If the authority board determines that construction of a | ||
coastal spine is complete: | ||
(1) the advisory board is abolished as of the date the | ||
authority board makes the determination; and | ||
(2) the authority board shall notify each appointing | ||
person and entity named in Subsection (c) of this section that the | ||
advisory board is abolished. | ||
SECTION 8. Chapter 409, Acts of the 61st Legislature, | ||
Regular Session, 1969, is amended by adding Subchapter 3A to read as | ||
follows: | ||
SUBCHAPTER 3A. COASTAL SPINE | ||
Sec. 3A.01. COASTAL SPINE CONTINGENT ON FEDERAL FUNDING AND | ||
FINDING OF SUFFICIENT REVENUE. The authority may not begin to | ||
operate or maintain a coastal spine, exercise a power granted to the | ||
authority under this subchapter, or otherwise exercise a power | ||
granted to the authority by this Act in support of the operation or | ||
maintenance of a coastal spine unless: | ||
(1) the federal government approves money for the | ||
construction of a coastal spine in this state; | ||
(2) the authority determines that the authority's | ||
revenue sources, or projected revenue sources, authorized for use | ||
for the operation and maintenance of a coastal spine under Section | ||
3A.03 of this Act are sufficient to cover the cost of operating and | ||
maintaining a coastal spine; and | ||
(3) the authority adopts a resolution stating that the | ||
requirements of Subdivisions (1) and (2) of this section have been | ||
met and submits a copy of the resolution to the legislature. | ||
Sec. 3A.02. GENERAL POWERS AND DUTIES. (a) The authority | ||
is authorized to operate and maintain a coastal spine in the manner | ||
provided by this subchapter. | ||
(b) The authority may exercise a power granted to the | ||
authority by Subchapter 3 of this Act to support the operation and | ||
maintenance of a coastal spine. | ||
(c) A duty assigned to the authority under Subchapter 3 of | ||
this Act that relates to the authority's duty to develop and | ||
effectuate a regional water quality management program does not | ||
apply to the operation or maintenance of a coastal spine by the | ||
authority unless otherwise provided by this subchapter. | ||
(d) A coastal spine may be operated and maintained inside or | ||
outside the territory of the authority. | ||
(e) The authority may convey material and rights produced or | ||
acquired during the operation or maintenance of a coastal spine, | ||
including spoil, dredged material, and development rights. | ||
(f) The authority may: | ||
(1) apply for a permit for an activity related to the | ||
operation or maintenance of a coastal spine; and | ||
(2) seek other necessary approvals for the operation | ||
or maintenance of a coastal spine from a state or federal agency. | ||
Sec. 3A.03. USE OF FUNDS FOR COASTAL SPINE. The authority | ||
may operate and maintain a coastal spine using money available to | ||
the authority, including tax revenue, only if the money is not | ||
related to the authority's waste disposal, pollution control, | ||
wastewater treatment, water reuse, water systems, or solid waste | ||
operations. | ||
Sec. 3A.04. MASTER PLAN. (a) In addition to the master | ||
plan developed under Section 3.10 of this Act, the authority shall | ||
develop, prepare, and revise, as needed, a master plan for the | ||
operation and maintenance of a coastal spine. | ||
(b) The authority shall submit the first master plan and any | ||
revised versions of the master plan to the General Land Office | ||
before implementing the plan. The General Land Office may approve | ||
or disapprove a plan submitted under this section. If the General | ||
Land Office does not issue a decision on a plan submitted under this | ||
section before the 31st day after the date the General Land Office | ||
receives the plan, the plan is considered to be approved. | ||
Sec. 3A.05. ACQUISITION. The authority may: | ||
(1) purchase, lease, acquire by gift, maintain, use, | ||
and operate facilities and systems related to the operation or | ||
maintenance of a coastal spine; and | ||
(2) acquire permits, licenses, and rights related to | ||
the operation or maintenance of a coastal spine. | ||
Sec. 3A.06. CONTRACTS. (a) The authority may make | ||
contracts and execute instruments that are necessary or convenient | ||
to the exercise of its powers, rights, duties, and functions under | ||
this subchapter. The authority is authorized to execute all | ||
appropriate documents and instruments in connection with the | ||
contracts. | ||
(b) The authority may enter into contracts for a purpose | ||
related to the operation or maintenance of a coastal spine in the | ||
manner that a municipal management district may enter into | ||
contracts under Chapter 375, Local Government Code, as amended. | ||
(c) The authority and all persons are authorized to enter | ||
into contracts with respect to the operation or maintenance of a | ||
coastal spine. | ||
(d) A public agency or local government is authorized to: | ||
(1) enter into a contract with the authority; | ||
(2) determine, agree, and pledge that all or any part | ||
of its payments under a contract with the authority shall be payable | ||
from any source, subject only to the authorization by a majority | ||
vote of the governing body of such public agency or local government | ||
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 | ||
authority as an additional source of payment or as the sole source | ||
of payment and agree with the authority 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 local government 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 authority | ||
required under a contract with the authority. | ||
(e) The authority and another governmental entity may enter | ||
into a contract for the operation or maintenance of a coastal spine | ||
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. | ||
(f) Notwithstanding Section 3.23(a) of this Act, a contract | ||
related to the operation or maintenance of a coastal spine may be | ||
for any term if the contract is approved by the General Land Office. | ||
Sec. 3A.07. AGREEMENTS. (a) The authority may enter into | ||
a cooperative agreement with a political subdivision, state agency, | ||
or federal agency for a purpose related to the operation or | ||
maintenance of a coastal spine. | ||
(b) The authority may enter into an interlocal agreement | ||
with a political subdivision for a purpose related to the operation | ||
or maintenance of a coastal spine. | ||
Sec. 3A.08. DEVELOPMENT CORPORATION POWERS. (a) The | ||
authority may act as a unit, as defined by Section 501.002, Local | ||
Government Code, to create a development corporation for a purpose | ||
related to the operation or maintenance of a coastal spine. | ||
(b) This section does not authorize the authority to impose | ||
a sales tax. | ||
Sec. 3A.09. LOCAL GOVERNMENT CORPORATION POWERS. (a) The | ||
board by resolution may authorize the creation of a nonprofit | ||
corporation to assist and act for the authority in operating or | ||
maintaining a coastal spine. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code, as amended, including for the purposes of | ||
Section 431.105, Transportation Code; and | ||
(2) may implement a project related to the operation | ||
or maintenance of a coastal spine. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of directors | ||
of a local government corporation created under Subchapter D, | ||
Chapter 431, Transportation Code, as amended. | ||
SECTION 9. Section 5.01(a), Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended to read as follows: | ||
(a) For the purpose of carrying out any power or authority | ||
conferred by this Act, including the expense of preparing the | ||
master plan and the payment of engineering and other expenses in | ||
connection therewith, the authority is empowered to issue its bonds | ||
in three general classes: | ||
(1) bonds secured by ad valorem taxes; | ||
(2) bonds secured by a pledge of all or part of the | ||
revenues accruing to the authority, including [ |
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those received from: | ||
(A) sale of water or other products; | ||
(B) [ |
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(C) [ |
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(D) [ |
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(E) a contract entered into with a city or other | ||
governmental agency, authority, or district related to the | ||
operation or maintenance of a coastal spine;[ |
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(F) [ |
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valorem taxes; and | ||
(3) bonds secured by a combination pledge of all or | ||
part of the revenues described in Subdivision (2) of this | ||
subsection[ |
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SECTION 10. Subchapter 5, Chapter 409, Acts of the 61st | ||
Legislature, Regular Session, 1969, is amended by adding Section | ||
5.10 to read as follows: | ||
Sec. 5.10. CATASTROPHE BONDS. A corporation created by the | ||
authority under Section 3A.08 or 3A.09 of this Act may issue a | ||
security with a condition that the corporation's obligation to pay | ||
interest or repay the principal is deferred or forgiven if the | ||
corporation suffers a loss from a particular predefined | ||
catastrophe. | ||
SECTION 11. If the territory of the Gulf Coast Waste | ||
Disposal Authority is expanded, the initial directors from | ||
Brazoria, Jefferson, and Orange Counties under Sections 2.03 and | ||
2.05, Chapter 409, Acts of the 61st Legislature, Regular Session, | ||
1969, as amended by this Act, shall draw lots to determine which | ||
director or directors will serve one-year terms and which will | ||
serve two-year terms to fulfill the staggered terms requirement of | ||
Section 2.05, Chapter 409, Acts of the 61st Legislature, Regular | ||
Session, 1969, as amended by this Act. | ||
SECTION 12. If the territory of the Gulf Coast Waste | ||
Disposal Authority is expanded, the temporary chairman of each | ||
appointment council created under Section 2.05(c-1), Chapter 409, | ||
Acts of the 61st Legislature, Regular Session, 1969, as added by | ||
this Act, for Brazoria, Jefferson, and Orange Counties shall be the | ||
mayor of the county seat for that county. Promptly after the date | ||
the councils are created, each council shall meet at a time and | ||
place designated by the temporary chairman to elect a chairman, | ||
vice-chairman, and secretary and adopt bylaws relating to the | ||
conduct of council affairs. | ||
SECTION 13. (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, | ||
lieutenant governor, and 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 have been | ||
fulfilled and accomplished. | ||
SECTION 14. 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, 2017. |