HB1532 - Relating to the creation of the Lake Houston Dredging and Maintenance District; providing the authority to issue bonds.

      H.B. No. 1532         AN ACT   relating to the creation of the Lake Houston Dredging and   Maintenance District; providing the authority to issue bonds.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle L, Title 6, Special   District Local Laws Code, is amended to read as follows:   SUBTITLE L. MUNICIPAL AND COUNTY WATER DISTRICTS          SECTION 2.  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.                 (4)     "Service area" means the area in which the   district may perform dredging and maintenance operations, which is   composed of the following territory:                       (A)  Lake Houston;                       (B)     the East and West Forks of the San Jacinto   River between the Harris County line and Lake Houston;                       (C)  Luce Bayou downstream from Trent Road; and                       (D)     Caney Creek between the Harris County line   and Lake Houston.           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; PRESIDING OFFICER.   (a) The district is governed by a board of five directors appointed   as follows:                 (1)     one director appointed by the city council of the   City of Houston;                 (2)     two directors appointed by the director of the   City of Houston Public Works;                 (3)     one director appointed by the governing body of   the Harris County Flood Control District; and                 (4)     one director appointed by the mayor of the City of   Houston.           (b)  Directors serve staggered four-year terms.           (c)     The director appointed under Subsection (a)(4) serves   as the board's presiding officer.   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 of the   service area controlled or maintained by the party to the   interlocal agreement.   The district may not 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:                       (A)     treated by the City of Houston's Northeast   Water Purification Plant or any other surface water treatment   plant; or                       (B)     transported by the West Canal or another   water conveyance system.           (e)  The district must:                 (1)     obtain approval from the City of Houston Public   Works before performing or causing to be performed dredging and   maintenance operations in Lake Houston; and                 (2)     exercise due diligence when performing dredging   and maintenance operations in Lake Houston.           (f)     The City of Houston Public Works is immune from   liability for any damages resulting from direct or indirect   dredging and maintenance operations performed in Lake Houston,   regardless of whether the operations are performed by or caused to   be performed by the district.           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 areas of the service area to   restore, maintain, or expand the capacity of the service area 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 FEES. The   district may not impose a tax or charge a fee.           Sec.   9602.0404.     STATE FUNDING. (a) Except as provided by   Subsection (b), the legislature may appropriate money from the   state treasury to the district to fund the district's activities   under this chapter. Legislative appropriations to the district for   a state fiscal year may not exceed $25 million.           (b)     The legislature may not appropriate money to the   district for a state fiscal year that begins on or after September   1, 2027.          SECTION 3.  (a) Not later than September 1, 2026, the city   council of the City of Houston, the director of the City of Houston   Public Works, the governing body of the Harris County Flood Control   District, and the mayor of the City of Houston shall appoint the   initial members of the board of directors 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 three directors serve a term of four   years and which two directors serve a term of two years.          SECTION 4.  (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 5.  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 rec [Text truncated for display. 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