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A BILL TO BE ENTITLED
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AN ACT
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relating to the relocation or removal of dredged spoils or |
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materials by a navigation district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 60, Water Code, is amended |
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by adding Section 60.1021 to read as follows: |
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Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR |
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MATERIALS. (a) In this section: |
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(1) "Dredged material placement area" means a |
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federally authorized disposal site for dredged spoils or materials. |
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(2) "Sole expense" means the actual cost of or an |
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in-kind contribution for the relocation or removal after deducting |
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the net salvage value derived from the dredged spoils or materials. |
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(b) If, in an exercise of the district's powers under this |
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subchapter, the district's power of eminent domain, or the |
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district's police power, a district requires the relocation or |
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removal of dredged spoils or materials from a dredged material |
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placement area owned, operated, managed, or established by another |
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district, the district that requires the relocation or removal |
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shall: |
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(1) comply with all requirements imposed by the United |
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States Army Corp of Engineers related to the dredged material |
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placement area; and |
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(2) either: |
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(A) pay at the district's sole expense the cost |
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of relocating or removing dredged spoils or materials; or |
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(B) relocate or remove the dredged spoils or |
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materials. |
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(c) If the relocation or removal of dredged spoils or |
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materials under Subsection (b) results in the reduction of another |
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district's rights to capacity in the dredged material placement |
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area, the district that required the relocation or removal shall be |
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obligated to: |
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(1) replace the affected district's lost capacity and |
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provide rights to the replaced lost capacity in an alternative |
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dredged material placement area; and |
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(2) pay the affected district's increased costs, if |
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any, to transport the dredged spoils or materials associated with |
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the lost capacity to the alternative dredged material placement |
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area described by Subdivision (1). |
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SECTION 2. 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, 2025. |