Charles Cunningham, state rep from district 127

89th Texas Legislature Bills Related to Flooding, Dredging, APOs

1/28/25 – To date, members of the 89th Texas Legislature have introduced more than three dozens bills relating to flooding, dredging, and aggregate production operations (APOs) in Austin this year. The deadline for filing additional bills is Friday, March 14, 2025, 60 days from the start of the session. So, more could follow.

But here is a brief rundown on bills flood- and mitigation-related bills with links to the text of the actual bills on the Texas Legislature Online website.

Flooding

Thirty-six bills contain the keywords “flood” or “flooding.” So, I won’t summarize each. Instead, I’ll focus on those that could make the largest impact in the Houston region.

HB 2068 by Rep. Dennis Paul would amend the bill that created the Harris County Flood Control District. It would allow the district to grow beyond the boundaries of Harris County, when and if surrounding counties wish to join the District and coordinate efforts. The expanded District’s board would have five directors appointed by the governor.

HB 1209 by Rep. Charles Cunningham addresses the minimum number of instructional days required by the state’s schools affected by “flood days” or other extreme weather conditions. See also similar bills, such as HB 236, HB 683, HB 1157, HB 1703, HB 276, HB 1889, SB 233, and HB 1257.

State Representative Charles Cunningham from District 127.

HB 866 by Ron Reynolds would create a Climate Change Impact Assessment Council. The Council would assess current and potential effects of climate change and their costs. It would also research ways to mitigate climate change and recommend legislation to minimize its adverse impacts.

HB 941 by Rep. Briscoe Cain and SB 75 by Sen. Bob Hall et. al. relate to the resilience of the electric grid during extreme weather events and other hazards. It would establish a security commission to establish resilience standards, plans and provisions.

HB 798 by Rep. Armando Walle relates to the rights and duties of both residential tenants and landlords involved in disputes that may arise over flooding, broken pipes, sewage backups and other habitability issues. It defines how long the parties have to cure defects or non-payments in the disputes, and what their rights are.

Dredging

Legislators have introduced three bills containing the keywords “dredge” or “dredging.”

HB 1532 by Rep. Charles Cunningham relates to the creation of a Lake Houston Dredging and Maintenance District. It would give the District the authority to issue bonds and sell the material it dredges, but would not give it taxing authority.

HB 1069 by Rep. Chris Turner relates to the classification of construction workers in dredging and other trades, and their eligibility for unemployment benefits.

SB 766 by Senator Judith Zaffirini corrects references, including those related to dredge material and dredging plans, in TCEQ documents and regulations.

Aggregate Production Operations

Four bills refer to “aggregate production operations” (APOs). APOs include sand mines, which have contributed to flooding by increasing sedimentation in the headwaters of Lake Houston.

HB 873 by Rep. Terry M. Wilson relates to permits for APOs. Among other things, it would require APOs to control erosion by revegetating barren land. It would also require them to provide performance bonds to the TCEQ that would cover the cost of violations.

HB1163 by Rep. Charles Cunningham would amend Subchapter E (Planning and Financial Responsibility) of the state water code. It targets APOs operating within 1500 feet of the San Jacinto River or its tributaries. And it would obligate APOs to develop a restoration plan. Among other items, the bill requires APOs to return water quality of the “receiving body” (i.e., the river) to its original condition in the event of an unauthorized discharge. The main focus is on restoration of the mine itself and guarantees that would cover the costs of restoration.

HB 1018 by Rep. Terry M. Wilson establishes a certification program for APO operators, identifying those that do and don’t comply with best management practices.

SB 729 by Sen. Nathan Johnson relates to the operation of rock crushing facilities and monitoring of the air contaminants they generate.

Flood Infrastructure Fund

I couldn’t find anything yet about the state’s Flood Infrastructure Fund. Will the legislature ad to the funding? The State compiled its first flood plan last year. It contained more than $50 billion in project recommendations. What will be their fate? Stay tuned. I’ll try to review the progress of these and related bills as the session progresses.

Posted by Bob Rehak on 1/28/25

2709 Days since Hurricane Harvey