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AN ACT
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relating to the board of directors and duties of the Gulf Coast |
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Protection District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9502.0103(b), Special District Local |
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Laws Code, is amended to read as follows: |
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(b) The creation of the district is necessary to establish |
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an instrumentality for protecting the coast in Chambers, Galveston, |
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Harris, Jefferson, and Orange Counties, and territory annexed to |
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the district under Section 9502.0104(b), in the manner provided by |
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this chapter. |
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SECTION 2. Section 9502.0201, Special District Local Laws |
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Code, is amended by amending Subsections (a) and (d) and adding |
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Subsection (c-1) to read as follows: |
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(a) The district is initially governed by a board of 11 |
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directors. |
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(c-1) If the territory of a county is annexed to the |
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district under Section 9502.0104(b): |
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(1) the commissioners court of the county shall |
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appoint one additional director; and |
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(2) the governor, with the advice and consent of the |
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senate, shall appoint one additional director as needed to ensure |
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the board has an odd number of directors. |
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(d) In making the appointments required by Subsections |
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[Subsection] (c) and (c-1), the governor shall ensure that |
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residents of a single county do not make up a majority of the |
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directors. |
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SECTION 3. Section 9502.0202(b), Special District Local |
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Laws Code, is amended to read as follows: |
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(b) To qualify for office, a director described by Section |
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9502.0201(b), [or] (c)(1) or (2), or (c-1)(1) must be a resident of |
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the county or municipality the person is appointed to represent. |
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SECTION 4. Section 9502.0301, Special District Local Laws |
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Code, is amended by adding Subsection (e) to read as follows: |
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(e) If implementation of a project described by Subsection |
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(a) disrupts, wholly or partly, the operations of or requires the |
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use of property owned by a port authority, navigation district, or |
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drainage district the district shall: |
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(1) consult with the authority or district, as |
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applicable; |
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(2) consider reasonable changes in the project to |
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mitigate the effects of the project on the operations or property, |
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including changes proposed by the authority or district, as |
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applicable; and |
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(3) consider reasonable changes in the implementation |
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of the project requested by the authority or district, as |
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applicable, to mitigate the effects of the project on the |
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operations or property. |
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SECTION 5. The Gulf Coast Protection District retains all |
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the rights, powers, privileges, authority, duties, and functions |
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that it had before the effective date of this Act. |
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SECTION 6. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Gulf Coast Protection |
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District that were taken before the effective date of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 7. (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 8. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5409 was passed by the House on May |
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12, 2023, by the following vote: Yeas 126, Nays 14, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5409 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |