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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Lake Houston Dredging and |
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Maintenance District; providing the authority to issue bonds; |
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providing authority to impose assessments and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle L, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9602 to read as follows: |
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CHAPTER 9602. LAKE HOUSTON DREDGING AND MAINTENANCE DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9602.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board of |
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directors of the district. |
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(3) "District" means the Lake Houston Dredging and |
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Maintenance District. |
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Sec. 9602.0102. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under and essential |
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to accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 9602.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property in the boundaries of the |
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district will benefit from the works and projects accomplished by |
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the district under the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 9602.0104. DISTRICT TERRITORY. Unless the district |
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territory has been modified under Subchapter J, Chapter 49, Water |
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Code, or other law, the boundaries of the district are coextensive |
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with the boundaries of Harris County. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9602.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of directors appointed as follows: |
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(1) three directors appointed by the Harris County |
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Commissioners Court; |
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(2) three directors appointed by the city council of |
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the City of Houston; and |
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(3) the board's presiding officer, appointed jointly |
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by the county judge of Harris County and the mayor of the City of |
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Houston. |
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(b) Directors serve staggered four-year terms. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9602.0301. GENERAL POWERS AND DUTIES. Except as |
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provided by this chapter, the district has the powers and duties |
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applicable to a district under Chapter 49, Water Code. |
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Sec. 9602.0302. SPECIFIC POWERS AND DUTIES. (a) In this |
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section, "dredging and maintenance operations" includes the |
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removal of: |
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(1) sediment and debris from under the water; and |
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(2) floating debris. |
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(b) The district shall perform dredging and maintenance |
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operations on Lake Houston. The district may form interlocal |
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agreements with political subdivisions, corporate entities, or |
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other persons to perform dredging and maintenance operations on |
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Lake Houston. |
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(c) The district may seek from any source a grant of money, |
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equipment, or another resource to assist the district's dredging |
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and maintenance operations. |
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Sec. 9602.0303. LIMITATION ON POWERS. The district may |
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not: |
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(1) finance, develop, or maintain a recreational |
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facility under Subchapter N, Chapter 49, Water Code; |
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(2) exercise the power of eminent domain; or |
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(3) perform the same function as another conservation |
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and reclamation district whose territory overlaps with the |
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territory of the district. |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 9602.0401. AUTHORITY TO ISSUE REVENUE BONDS. (a) The |
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district may issue bonds payable from and secured by district |
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revenue to carry out any power conferred by this chapter. The bonds |
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must be authorized by a board resolution. |
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(b) The bonds must be issued in the manner and under the |
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terms of the resolution authorizing the issuance of the bonds. |
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Sec. 9602.0402. PROHIBITION ON TAXATION. The district may |
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not impose an ad valorem tax. |
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SECTION 2. (a) Not later than January 1, 2022, the Harris |
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County Commissioners Court, the city council of the City of |
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Houston, the county judge of Harris County, and the mayor of the |
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City of Houston shall appoint the initial members of the board of |
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the Lake Houston Dredging and Maintenance District as required by |
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Section 9602.0201, Special District Local Laws Code, as added by |
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this Act. |
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(b) At the first meeting of the board of directors of the |
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Lake Houston Dredging and Maintenance District, the directors shall |
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draw lots to determine which four directors serve a term of four |
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years and which three directors serve a term of two years. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |