HB 1532 Would Create Dredging and Maintenance District

1/31/25 – State Representative Charles Cunningham (District 127) has proposed HB 1532 in the 89th Texas Legislature. It would create a Lake Houston Dredging and Maintenance District.

The bill has the potential to benefit all citizens of Harris County and from my perspective is one of the most important bills introduced in this legislature.

Essentially the Dredging and Maintenance District would be a conservation and reclamation district. Article 16, Section 9 of the Texas Constitution authorizes the creation of such districts.

The District’s main purpose: “restore, maintain, or expand the capacity of the lake and its tributaries to convey storm flows.” But the range of benefits could be much wider.

Keep in mind that the lake provides drinking water for more than 2 million people and sediment constantly shrinks its capacity.

Maintenance needs to be constant. Imagine having to wait for an act of Congress to fill up your car with gasoline, then spending another two years applying for a grant and a year bidding the purchase. That’s the situation we have.

Potential Benefits

If approved, the bill has the potential to:

• Increase Lake Houston’s capacity, which until now has constantly dwindled due to sediment deposited during periodic floods
• Offset sediment swept downstream from upstream sand mines
• Maintain the drinking water supply capacity for more than 2 million people
• Reduce flooding in the Lake Houston Area by increasing the conveyance of tributaries and eliminating blockages at their mouths that back water up into homes and businesses.
• Provide a source of material for beneficial uses such as:
  • Making concrete
  • Building roads
  • Elevating home foundations in new developments
  • Supporting public works projects, such as providing material to build the Ike Dike.

Governed by City- and County-Appointed Directors

Seven directors would govern the district. Harris County Commissioners Court and Houston City Council would each appoint three. The County and City would jointly appoint the seventh. They would have staggered 4-year terms.

Powers and Duties of District

“Dredging and maintenance” include the removal of debris that accumulates under and over the water of Lake Houston and its tributaries. That includes floating debris, such as trees that wash into the lake during floods.

The District may form inter-local agreements (ILAs) with other organizations within the boundaries of the District (Harris County).

The District would not have the power of eminent domain.

In performing its duties, the District may not negatively affect the water quality in Lake Houston. That includes the quality of water treated by the City’s Northeast Water Purification Plant.

Before performing any dredging or maintenance, the District must obtain the approval of the City’s Director of Public Works.

Financing

The District would not have to pay a fee to take the material it dredges, but could make money to finance operations by selling that material. It may not impose taxes or charge fees.

But the District could apply for grants from sources such as FEMA, HUD, and the Texas Water Development Board.

The State legislature could also appropriate up to $25 million per year to help jumpstart operations, but not after September 1, 2027.

As one of its first duties, the District would have to develop a plan of financing and make that plan available to the public for comment.

Start Date

If more than two-thirds of each house in the Legislature approve, the bill would take effect immediately. If approved with less than a two-thirds majority, the District would take effect on September 1, 2025.

Commissioners Court and City Council would have to name board members no later than September 1, 2026.

Similar to 2023 Bill

Cunningham proposed a similar bill in the previous legislature that died in committee. Cunningham was a freshman in the legislature back in 2023 and he introduced the bill late in the session. Now he has more friends and seniority which could get him on the committee reviewing the bill.

Also this bill was introduced much earlier, improving the chances it will be heard (It’s #1532 vs. #5341).

Other than changing the dates and numbers, the bills are virtually identical.

Let’s hope Mr. Cunningham has the pull to get on the committee reviewing the bill this year.

At this point, the bill has not been sent to any committee yet. Nor have any other additional sponsors signed on.

Posted by Bob Rehak on 1/31/25

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