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

89(R) HB 1532 - Enrolled version - Bill Text

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 receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1532 was passed by the House on April

30, 2025, by the following vote: Yeas 114, Nays 19, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1532 was passed by the Senate on May

28, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor