BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2021, the 87th Legislature, Regular Session, passed S.B. 1160, which created the Gulf Coast Protection District (district). The bill stated that the board of directors shall include one director from each of the counties within the district's territory but did not allow the board of directors to expand if the district's territory expands to a new county.

H.B. 5409 will allow the board of directors of the district to expand if the territory of the district expands, as is currently allowed by law, to incorporate a new county.

H.B. 5409 amends current law relating to the board of directors and duties of the Gulf Coast Protection District.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 9502.0103(b), Special District Local Laws Code, as follows:

(b) Provides that the creation of the Gulf Coast Protection District (district) is necessary to establish an instrumentality for protecting the coast in Chambers, Galveston, Harris, Jefferson, and Orange Counties, and territory annexed to the district under Section 9502.0104(b) (relating to requiring the governing body of the district by order to annex to the district the territory of a county included in the protection and restoration study at the request of the commissioners court of that county), in the manner provided by Chapter 9502 (Gulf Coast Protection District).

SECTION 2. Amends Section 9502.0201, Special District Local Laws Code, by amending Subsections (a) and (d) and adding Subsection (c-1), as follows:

(a) Provides that the district is initially governed by a board of 11 directors (board).

(c-1) Provides that, if the territory of a county is annexed to the district under Section 9502.0104(b):

(1) the commissioners court of the county is required to appoint one additional director; and

(2) the governor, with the advice and consent of the senate, is required to appoint one additional director as needed to ensure the board has an odd number of directors.

(d) Requires the governor, in making the appointments required by Subsections (c) (relating to requiring the governor, with the advice and consent of the senate, to appoint six directors in a certain manner) and (c-1), to ensure that residents of a single county do not make up a majority of the directors.

SECTION 3. Amends Section 9502.0202(b), Special District Local Laws Code, as follows:

(b) Requires a director described by certain sections, including Section 9502.0201(c-1)(1), to qualify for office, to be a resident of the county or municipality the person is appointed to represent.

SECTION 4. Amends Section 9502.0301, Special District Local Laws Code, by adding Subsection (e), as follows:

(e) Requires the district, if implementation of a project described by Subsection (a) (relating to authorizing the district with an exception to perform certain actions) disrupts, wholly or partly, the operations of or requires the use of property owned by a port authority, navigation district, or drainage district, to:

(1) consult with the authority or district, as applicable;

(2) consider reasonable changes in the project to mitigate the effects of the project on the operations or property, including changes proposed by the authority or district, as applicable; and

(3) consider reasonable changes in the implementation of the project requested by the authority or district, as applicable, to mitigate the effects of the project on the operations or property.

SECTION 5. Provides that the district retains all the rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.

SECTION 6. (a) Provides that the legislature validates and confirms all governmental acts and proceedings of the district that were taken before the effective date of this Act.

(b) Provides that this section does not apply to any matter that on the effective date of this Act:

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or

(2) has been held invalid by a final court judgment.

SECTION 7. Provides that 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 8. Effective date: upon passage or September 1, 2023.