Bill Text: TX HB4308 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the Gulf Coast Waste Disposal Authority and expanding the territory and powers of the authority; authorizing fees and the issuance of bonds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-05 - Recommendations filed with the Speaker [HB4308 Detail]

Download: Texas-2017-HB4308-Introduced.html
  85R19780 JXC-D
 
  By: Faircloth H.B. No. 4308
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Gulf Coast Waste Disposal Authority and expanding
  the territory and powers of the authority; authorizing fees and the
  issuance of bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.01, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended to read as follows:
         Sec. 1.01.  PURPOSE.  The purpose of this Act is to:
               (1)  establish an instrumentality for developing and
  effectuating for the upper Gulf Coast region in this state
  [Chambers, Galveston, and Harris Counties] a regional water quality
  management program including provision of waste disposal and water
  systems and regulation of disposal of wastes; and
               (2)  establish an instrumentality for operating and
  maintaining a coastal barrier constructed with federal funds to
  protect the upper Gulf Coast region in this state from
  hurricane-induced storm surges.
         SECTION 2.  Section 1.02, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended to read as follows:
         Sec. 1.02.  FINDINGS AND DECLARATION OF POLICY.  The
  legislature finds [It is hereby found and declared] that:
               (1)  the quality of waters in the upper Gulf Coast
  region in this state [Chambers, Galveston, and Harris Counties] is
  materially affected by the disposal of wastes [throughout those
  counties];
               (2)  [that] regional approaches to studying water
  pollution in that region [these counties], [to] planning corrective
  and preventive measures, [to] providing coordinated facilities for
  waste disposal, and [to] regulating waste disposal would be far
  more effective than efforts on a county-wide, city-wide, or smaller
  scale;
               (3)  [that] solid wastes, as well as other kinds of
  waste, may impair water quality by seepage, drainage, and
  otherwise;
               (4)  [that] creation of the Gulf Coast Waste Disposal
  Authority would advance the established policy of the state to
  maintain the quality of the waters in the state consistent with the
  public health and public enjoyment thereof, the propagation and
  protection of terrestrial and aquatic life, the operation of
  existing industries, and the economic development of the state;
               (5)  [and that] impending shortage of water in the
  district for beneficial uses requires that all reasonable measures
  be taken to prevent and abate water pollution, and to reclaim
  polluted water for beneficial uses; and
               (6)  the territory in the upper Gulf Coast region in
  this state is vulnerable to damage from hurricane-induced storm
  surges and that granting the Gulf Coast Waste Disposal Authority
  the power to operate and maintain a coastal barrier constructed
  with federal funds would advance the public purpose of protecting
  the upper Gulf Coast region in this state from hurricane-induced
  storm surges.
         SECTION 3.  Section 1.03(a), Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by adding
  Subdivision (24) to read as follows:
               (24)  "Coastal spine" means a coastal barrier to
  protect the upper Gulf Coast region in this state from
  hurricane-induced storm surges.
         SECTION 4.  Section 2.02, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended to read as follows:
         Sec. 2.02.  DESCRIPTION.  (a)  Except as provided by
  Subsection (b) of this section, the [The] authority's territory
  consists of [the area inside the boundaries of] Chambers,
  Galveston, and Harris Counties.
         (b)  On the date the authority adopts a resolution under
  Section 3A.01 of this Act stating that the requirements of that
  section have been met, the authority's territory consists of
  Brazoria, Chambers, Galveston, Harris, Jefferson, and Orange
  Counties.
         (c)  The Legislature declares that all the area included in
  the authority's territory [district] will be benefited by the
  exercise of the powers conferred by this Act.
         SECTION 5.  Section 2.03, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by amending
  Subsections (b) and (e) and adding Subsections (f), (g), and (h) to
  read as follows:
         (b)  Except as provided by Subsection (g) of this section,
  the [The] board consists of nine voting directors.
         (e)  The [From each county within the district, the]
  municipalities waste disposal councils [council] of Chambers,
  Galveston, and Harris Counties each [that county, hereinafter
  created,] shall appoint one director.
         (f)  The board may appoint one or more persons to the board to
  serve as nonvoting directors for any term.
         (g)  On the date the authority adopts a resolution under
  Section 3A.01 of this Act stating that the requirements of that
  section have been met, the board consists of eighteen voting
  directors.
         (h)  If the board consists of eighteen voting directors, as
  provided by Subsection (g) of this section, in addition to
  appointments made under Subsections (c), (d), and (e) of this
  section, the appointment councils of Brazoria, Jefferson, and
  Orange Counties each shall appoint one voting director.
         SECTION 6.  Section 2.05, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by amending
  Subsections (a) and (c) and adding Subsections (a-1), (a-2), (c-1),
  (c-2), and (g) to read as follows:
         (a)  A director's term of office shall be two years,
  commencing September 1 of the year in which the director is
  appointed [of his appointment, except that four directors of the
  first board shall have one-year terms, in order to obtain staggered
  terms. When the directors have been appointed, they shall draw lots
  to determine which have one-year terms].
         (a-1)  If the board has nine voting directors, as provided by
  Section 2.03(b) of this Act, the directors' terms must be staggered
  so that the terms of not more than five directors expire in a single
  year.
         (a-2)  If the board has eighteen voting directors, as
  provided by Section 2.03(g) of this Act, the directors' terms must
  be staggered so that the terms of not more than 10 directors expire
  in a single year.
         (c)  There are [hereby] created:
               (1)  the Municipalities Waste Disposal Council of
  Chambers County, [which shall be] composed of the mayors of each and
  all of the incorporated cities and towns the city hall of which is
  situated within Chambers County;
               (2)  the Municipalities Waste Disposal Council of
  Galveston County, [which shall be] composed of the mayors of each
  and all of the incorporated cities and towns the city hall of which
  is situated within Galveston County; and
               (3)  the Municipalities Waste Disposal Council of
  Harris County, [which shall be] composed of the mayors of each and
  all of the incorporated cities and towns the city hall of which is
  situated within Harris County.
         (c-1)  On the date the authority adopts a resolution under
  Section 3A.01 of this Act stating that the requirements of that
  section have been met, there are created:
               (1)  the Appointment Council of Brazoria County,
  composed of the mayors of the municipalities in Brazoria County;
               (2)  the Appointment Council of Jefferson County,
  composed of the mayors of the municipalities in Jefferson County;
  and
               (3)  the Appointment Council of Orange County, composed
  of the mayors of the municipalities in Orange County.
         (c-2)  The sole function of the [these] councils created
  under Subsections (c) and (c-1) of this section is [shall be] the
  selection of directors. Each [The temporary chairman of each
  council shall be the mayor of the county seat. Promptly after this
  Act becomes effective, each municipalities waste disposal council
  shall meet at a time and place designated by its temporary chairman
  after notice of the time and place of that meeting has been mailed
  by the temporary chairman to each member of the council at least 48
  hours prior to the time fixed for the meeting. At that meeting,
  the] council shall elect a chairman, vice-chairman, and secretary,
  and shall adopt such bylaws relating to the conduct of its affairs
  as the council shall determine to be necessary.
         (g)  Subsection (f) of this section governs the appointment
  of directors by appointment councils created under Subsection (c-1)
  of this section in the same way that Subsection (f) of this section
  governs appointments by municipal waste disposal councils.
         SECTION 7.  Subchapter 2, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by adding Section
  2.17 to read as follows:
         Sec. 2.17.  ADVISORY BOARD. (a)  The Coastal Spine Advisory
  Board shall advise the authority board during the construction of a
  coastal spine that is to be operated and maintained by the authority
  on matters related to the operation and maintenance of the coastal
  spine.
         (b)  The advisory board is not required to be appointed or to
  meet unless the authority has adopted a resolution under Section
  3A.01 of this Act stating that the requirements of that section have
  been met.
         (c)  The advisory board is composed of seven members as
  follows:
               (1)  one member appointed by the governor;
               (2)  one member appointed by the lieutenant governor;
               (3)  one member appointed by the speaker of the house of
  representatives;
               (4)  one member appointed by the Texas Commission on
  Environmental Quality;
               (5)  one member appointed by the Parks and Wildlife
  Commission;
               (6)  the commissioner of the General Land Office, or
  the commissioner's designee; and
               (7)  one member of the authority board chosen by the
  authority board.
         (d)  The advisory board is not authorized to act on behalf of
  the authority without the approval of the authority board.
         (e)  The advisory board shall:
               (1)  select from among its members a presiding officer;
  and
               (2)  adopt provisions to determine the terms of board
  members and stagger the members' terms and other provisions
  necessary to administer the board.
         (f)  An advisory board member is not entitled to
  reimbursement of expenses or to compensation.
         (g)  The advisory board may appoint one or more persons to
  the advisory board to serve as nonvoting members.
         (h)  If the authority board determines that construction of a
  coastal spine is complete:
               (1)  the advisory board is abolished as of the date the
  authority board makes the determination; and
               (2)  the authority board shall notify each appointing
  person and entity named in Subsection (c) of this section that the
  advisory board is abolished.
         SECTION 8.  Chapter 409, Acts of the 61st Legislature,
  Regular Session, 1969, is amended by adding Subchapter 3A to read as
  follows:
  SUBCHAPTER 3A. COASTAL SPINE
         Sec. 3A.01.  COASTAL SPINE CONTINGENT ON FEDERAL FUNDING AND
  FINDING OF SUFFICIENT REVENUE. The authority may not begin to
  operate or maintain a coastal spine, exercise a power granted to the
  authority under this subchapter, or otherwise exercise a power
  granted to the authority by this Act in support of the operation or
  maintenance of a coastal spine unless:
               (1)  the federal government approves money for the
  construction of a coastal spine in this state;
               (2)  the authority determines that the authority's
  revenue sources, or projected revenue sources, authorized for use
  for the operation and maintenance of a coastal spine under Section
  3A.03 of this Act are sufficient to cover the cost of operating and
  maintaining a coastal spine; and
               (3)  the authority adopts a resolution stating that the
  requirements of Subdivisions (1) and (2) of this section have been
  met and submits a copy of the resolution to the legislature.
         Sec. 3A.02.  GENERAL POWERS AND DUTIES. (a) The authority
  is authorized to operate and maintain a coastal spine in the manner
  provided by this subchapter.
         (b)  The authority may exercise a power granted to the
  authority by Subchapter 3 of this Act to support the operation and
  maintenance of a coastal spine.
         (c)  A duty assigned to the authority under Subchapter 3 of
  this Act that relates to the authority's duty to develop and
  effectuate a regional water quality management program does not
  apply to the operation or maintenance of a coastal spine by the
  authority unless otherwise provided by this subchapter.
         (d)  A coastal spine may be operated and maintained inside or
  outside the territory of the authority.
         (e)  The authority may convey material and rights produced or
  acquired during the operation or maintenance of a coastal spine,
  including spoil, dredged material, and development rights.
         (f)  The authority may:
               (1)  apply for a permit for an activity related to the
  operation or maintenance of a coastal spine; and
               (2)  seek other necessary approvals for the operation
  or maintenance of a coastal spine from a state or federal agency.
         Sec. 3A.03.  USE OF FUNDS FOR COASTAL SPINE. The authority
  may operate and maintain a coastal spine using money available to
  the authority, including tax revenue, only if the money is not
  related to the authority's waste disposal, pollution control,
  wastewater treatment, water reuse, water systems, or solid waste
  operations.
         Sec. 3A.04.  MASTER PLAN. (a) In addition to the master
  plan developed under Section 3.10 of this Act, the authority shall
  develop, prepare, and revise, as needed, a master plan for the
  operation and maintenance of a coastal spine.
         (b)  The authority shall submit the first master plan and any
  revised versions of the master plan to the General Land Office
  before implementing the plan.  The General Land Office may approve
  or disapprove a plan submitted under this section.  If the General
  Land Office does not issue a decision on a plan submitted under this
  section before the 31st day after the date the General Land Office
  receives the plan, the plan is considered to be approved.
         Sec. 3A.05.  ACQUISITION. The authority may:
               (1)  purchase, lease, acquire by gift, maintain, use,
  and operate facilities and systems related to the operation or
  maintenance of a coastal spine; and
               (2)  acquire permits, licenses, and rights related to
  the operation or maintenance of a coastal spine.
         Sec. 3A.06.  CONTRACTS. (a) The authority may make
  contracts and execute instruments that are necessary or convenient
  to the exercise of its powers, rights, duties, and functions under
  this subchapter. The authority is authorized to execute all
  appropriate documents and instruments in connection with the
  contracts.
         (b)  The authority may enter into contracts for a purpose
  related to the operation or maintenance of a coastal spine in the
  manner that a municipal management district may enter into
  contracts under Chapter 375, Local Government Code, as amended.
         (c)  The authority and all persons are authorized to enter
  into contracts with respect to the operation or maintenance of a
  coastal spine.
         (d)  A public agency or local government is authorized to:
               (1)  enter into a contract with the authority;
               (2)  determine, agree, and pledge that all or any part
  of its payments under a contract with the authority shall be payable
  from any source, subject only to the authorization by a majority
  vote of the governing body of such public agency or local government
  of the contract, pledge, and payments;
               (3)  use and pledge any available revenues or resources
  for and to the payment of amounts due under a contract with the
  authority as an additional source of payment or as the sole source
  of payment and agree with the authority to assure the availability
  of revenue and resources when required; and
               (4)  fix, charge, and collect impact fees and utility
  charges, if the public agency or local government is otherwise
  authorized to impose the fees and charges, and to use and pledge
  revenue from the fees or charges to make payments to the authority
  required under a contract with the authority.
         (e)  The authority and another governmental entity may enter
  into a contract for the operation or maintenance of a coastal spine
  in the same way that a political subdivision may contract with
  another governmental entity under Chapter 472, Transportation
  Code, to construct or maintain a road or highway.
         (f)  Notwithstanding Section 3.23(a) of this Act, a contract
  related to the operation or maintenance of a coastal spine may be
  for any term if the contract is approved by the General Land Office.
         Sec. 3A.07.  AGREEMENTS. (a) The authority may enter into a
  cooperative agreement with a political subdivision, state agency,
  or federal agency for a purpose related to the operation or
  maintenance of a coastal spine.
         (b)  The authority may enter into an interlocal agreement
  with a political subdivision for a purpose related to the operation
  or maintenance of a coastal spine.
         Sec. 3A.08.  POWER TO REGULATE NAVIGATION. (a)  The
  authority has the powers provided to navigation districts by
  Sections 60.043 and 62.118, Water Code, as amended.
         (b)  The authority may control and distribute storm water and
  floodwater of rivers and streams in aid of navigation, in the manner
  provided by Chapter 62, Water Code, as amended, for navigation
  districts.
         (c)  For a purpose related to operating or maintaining a
  coastal spine, an order or action of the authority supersedes an
  order or action of a navigation district.
         Sec. 3A.09.  DEVELOPMENT CORPORATION POWERS. (a) The
  authority may act as a unit, as defined by Section 501.002, Local
  Government Code, to create a development corporation for a purpose
  related to the operation or maintenance of a coastal spine.
         (b)  This section does not authorize the authority to impose
  a sales tax.
         Sec. 3A.10.  LOCAL GOVERNMENT CORPORATION POWERS. (a)  The
  board by resolution may authorize the creation of a nonprofit
  corporation to assist and act for the authority in operating or
  maintaining a coastal spine.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code, as amended, including for the purposes of
  Section 431.105, Transportation Code; and
               (2)  may implement a project related to the operation
  or maintenance of a coastal spine.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation.  The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, as amended.
         SECTION 9.  Section 5.01(a), Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended to read as follows:
         (a)  For the purpose of carrying out any power or authority
  conferred by this Act, including the expense of preparing the
  master plan and the payment of engineering and other expenses in
  connection therewith, the authority is empowered to issue its bonds
  in three general classes:
               (1)  bonds secured by ad valorem taxes;
               (2)  bonds secured by a pledge of all or part of the
  revenues accruing to the authority, including [without limitation]
  those received from:
                     (A)  sale of water or other products;
                     (B)  [,] rendition of service;
                     (C)  [,] tolls;
                     (D)  [,] charges;
                     (E)  a contract entered into with a city or other
  governmental agency, authority, or district related to the
  operation or maintenance of a coastal spine;[,] and
                     (F)  [from] all other sources other than ad
  valorem taxes; and
               (3)  bonds secured by a combination pledge of all or
  part of the revenues described in Subdivision (2) of this
  subsection[,] and taxes.
         SECTION 10.  Subchapter 5, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by adding Section
  5.10 to read as follows:
         Sec. 5.10.  CATASTROPHE BONDS. A corporation created by the
  authority under Section 3A.09 or 3A.10 of this Act may issue a
  security with a condition that the corporation's obligation to pay
  interest or repay the principal is deferred or forgiven if the
  corporation suffers a loss from a particular predefined
  catastrophe.
         SECTION 11.  If the territory of the Gulf Coast Waste
  Disposal Authority is expanded, the initial directors from
  Brazoria, Jefferson, and Orange Counties under Sections 2.03 and
  2.05, Chapter 409, Acts of the 61st Legislature, Regular Session,
  1969, as amended by this Act, shall draw lots to determine which
  director or directors will serve one-year terms and which will
  serve two-year terms to fulfill the staggered terms requirement of
  Section 2.05, Chapter 409, Acts of the 61st Legislature, Regular
  Session, 1969, as amended by this Act.
         SECTION 12.  If the territory of the Gulf Coast Waste
  Disposal Authority is expanded, the temporary chairman of each
  appointment council created under Section 2.05(c-1), Chapter 409,
  Acts of the 61st Legislature, Regular Session, 1969, as added by
  this Act, for Brazoria, Jefferson, and Orange Counties shall be the
  mayor of the county seat for that county. Promptly after the date
  the councils are created, each council shall meet at a time and
  place designated by the temporary chairman to elect a chairman,
  vice-chairman, and secretary and adopt bylaws relating to the
  conduct of council affairs.
         SECTION 13.  (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,
  lieutenant governor, and 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 have been
  fulfilled and accomplished.
         SECTION 14.  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, 2017.
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