How to Support House Bill 2525 and Additional Dredging for Lake Houston Area

State Representative Dan Huberty has introduced House Bill 2525. It would create a Lake Houston Dredging and Maintenance District within Harris County. That would include the headwaters of the lake on the East and West Forks of the San Jacinto. The District would have the power to remove sediment and debris on an ongoing basis in perpetuity.

Rogers Gully Mouth Bar
Rogers Gully Mouth Bar. Many ditches and streams around the lake are blocked like this one.

The District would NOT have the power to levy taxes or condemn land, but it COULD enter into interlocal agreements with political subdivisions and corporate entities to help cover expenses and repayment of bonds. The Mayor of Houston and the Harris County Judge would appoint a board to govern the District.

House Bill 2525 would take effect immediately if receives a two-thirds vote of both houses. Otherwise, it would take effect on September 1, 2021 if signed into law by the governor.

Brandon Creighton has filed an identical companion bill in the Senate, SB 1892. Neither bill has passed through committees yet.

Public Hearing Scheduled for Tomorrow Morning

The House Natural Resources Committee will hold public hearings on HB 2525 Tuesday morning, 4/13/2021. You can support the bill three ways at this point:

  • Testify in person
  • Testify via Zoom.
  • Submit a public comment via the House website.

For in-person witness registration, see: https://mytxlegis.capitol.texas.gov/HWRSPublic/About.aspx. Instructions related to public access to the meeting location, and health and safety protocols for attending this meeting are available at: https://house.texas.gov/committees/public-access-house-committee-meetings/

A live video broadcast of this hearing will be available at: https://house.texas.gov/video-audio/

Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned. See: https://comments.house.texas.gov/home?c=c390

Huberty’s office is not sure what order the committee will call the bills up. But the hearing will begin at 8 AM. https://capitol.texas.gov/tlodocs/87R/schedules/html/C3902021041308001.htm

The House convenes at 10 AM and the committee will reconvene upon adjournment. “If we do not get to the bill in those first two hours,” said Casey Christman, Huberty’s assistant, “it may be last afternoon before it gets heard. It could end up being a very lengthy day.”

Key Points to Make

All things considered, I chose to register my support via the house website. It could not have been easier and only took a couple minutes. The site is extremely well organized. The key points I made included:

  • Maintenance on the lake has been deferred for decades.
  • The removal of accumulated sediment will reduce flooding and increase lake capacity.
  • This will support the economic vitality of the region.
Even though most of the above-water portion of the West Fork Mouth Bar have been removed by now, this chart of depth soundings shows that an underwater plateau still exists that can force flood waters up and out of the channel.

Please support House Bill 2525. To learn more about sediment and debris buildups around the lake, see these posts:

Posted by Bob Rehak on 3/12/2021

1322 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

New Legislation that Could Affect Lake Houston Area Flood Control

New legislation has been introduced in the 87th Texas Legislature that could affect the future of Lake Houston Area flood control. Here is a list that shows the current status of key bills. It includes a high-level summary, plus links to the text of the bills, and their authors. If you wish to testify on a bill, contact the author or the committee hearing it. Below is a brief summary of the most important (in my opinion) bills.

HB 2525: Perpetual Dredging for Lake Houston Area

Dan Huberty’s bill would create a dredging and maintenance district for the Lake Houston Area. It would dredge perpetually to reduce flood risk and help maintain the capacity of Lake Houston. The Natural Resources Committee will hold a public hearing on 4/13/2021.

HB 4478: Sand Mine Reclamation

Dan Huberty’s bill requires restoration plans for sand mining operations in the San Jacinto watershed. It lays out the requirements for such plans and also requires filing a performance bond to cover the cost of reclamation when mining is complete. If the mine abandons the property without restoring it, the bond would be enough to cover the cost of the work. It’s currently in the Natural Resources Committee. A hearing has not yet been scheduled.

HB 767: Best Practices for Sand Mines

HB 767, another Huberty bill, would require the Texas Commission on Environmental Quality to develop and publish best management practices for sand mining consistent with all applicable environmental laws and regulations. The bill has been referred to Environmental Regulation, but a hearing is not yet scheduled.

HB 4341: Transfer of Regulatory Responsibility for Sand Mines

Kyle Biedermann introduced a bill to transfer regulatory responsibility for sand mines from the TCEQ to the Railroad Commission of Texas. The Environmental Affairs Committee has not yet scheduled a hearing.

HB 2422: Regulation of Sand Mine Locations

HB 2422 by Erin Zwiener would allow county commissioners with populations greater than 500,000 to regulate the location of sand mines in certain circumstances based on proximity to residences, schools, places of worship, hospitals, and land platted for residential development.

HB 1912: Air and Water Quality Permit Requirements for Concrete Plants

Terry Wilson’s HB 1912 would raise the bar for Concrete Plants attempting to get air and water quality permits. It would require them to establish monitoring equipment. It would also affect blasting, lighting, noise generation from trucks, and restoration among other things. It’s in Environmental Regulations, but no hearing has yet been scheduled.

HB 3116: Nominations for SJRA Board

Will Metcalf’s HB 3116 would allow Montgomery County commissioners to nominate board members for the SJRA which the Governor could then accept or reject. It also sets the term for directors at 6 years and changes the number of board members from 7 to 6, contrary to the state constitution. It’s in the Natural Resources committee but has not yet been scheduled for a hearing.

CSHB 4575: Election of SJRA Board

Another Metcalf bill, HB 4575 would allo election of SJRA officers. Sounds democratic, until you realize that only those within the District would vote and Harris County is defined elsewhere as outside the district. We have all seen, as with the Lone Star Groundwater Conservation District, how private entities can easily take over a board in low interest, low turnout elections and then act in a way contrary to public interest (as in voting to virtually double groundwater pumping and ignore subsidence).

CSHB 3801: Handling of Unreasonable Desired Future Conditions for Groundwater

CSHB 3801 is a committee substitute bill. It defines how the Texas Water Development Board must handle petitions protesting “unreasonable” desired future conditions (DFCs) in groundwater management plans. The language in this bill is opaque. Even the analysis is.

SB 314: Notification of Flood History to Renters

SB 314 by Joan Huffman mandates that people renting properties would receive the same notification as people buying properties. The bill affects properties in the floodway, 100-year floodplain, 500-year floodplain, and any property that has flooded within the previous 5 years. If the tenant is not given proper notice, tenant may recover damages, one month’s rent, and attorney fees. Referred to Business & Commerce committee but no hearings set yet.

HB 531: Disclosure of Flood History and Floodplain Status to Renters

HB 531 by Armando Walle is similar to SB 314, but has already passed the House. It does not include the 500-year floodplain, but does include flooding from streets and ditches. This is the bill to watch. It has considerable traction and six co-authors.

HB 1059: Disclosure of Floodplain Status for Properties under 15 Acres

HB 1059 by Phil Stephenson requires sellers to disclose whether any part of a property smaller than 15-acres is in a flood plain. Bill was reported favorably as substituted but substitute has not yet been posted. SB 461 by Lois Kolkhorst is an identical companion bill in the senate.

HB 1949: Requires State Agencies to Reflect Climate Changes in Strategic Plans

Jasmine Crockett’s HB1949 would require certain state agencies such as TCEQ and TWDB to reflect weather and climate changes in their strategic plans. SB306 is the companion bill in the Senate. The State Affairs committee has not yet set a date for public hearings. Other representatives filed similar or identical bills, too: Michelle Beckley (HB 1956), Eckhardt (SB 306), Thierry (HB 2017), Reynolds (HB 3246), and Fierro (HB 4178).

HB 1681: Prohibiting Construction of Assisted Living Facilities in a 500-year Floodplain

Sam Harless’ HB 1681 prohibits construction of assisted living facilities in a 500-year floodplain. Human Services will hear public testimony on 4/13.

SB 865: Study of Statewide Disaster Alert System

Brandon Creighton’s SB 865 calls for a study on the efficacy of existing mass notification deployments by local governmental entities throughout this state and the feasibility of establishing a statewide disaster alert system. It would also study how to overcome barriers such as power outages in disasters. The Business and Commerce committee approved it unanimously, but the Senate has not yet voted on the bill. HB 655 is the companion bill.

SB 859: Continuing Virtual Meetings for Water Planning Groups

SB 859 by Charles Perry would allow Regional Flood Planning Groups to continue the practice of holding meetings virtually after the Covid crisis passes. The Businesss and Commerce committee approved it unanimously and it is headed for a vote on the uncontested calendar. Volunteers staff regional flood planning groups and the regions can span several counties. This places an undue travel burden on volunteers who already have a heavy workload. HB 2103 is a companion bill.

Posted by Bob Rehak on 4/11/2021

1321 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Colorado State Experts Predict Another Hurricane Season Like 2001, 2008 and 2017

Researchers at highly respected Colorado State University (CSU) issued their hurricane season forecast for 2021 last week. Like the University of Miami, AccuWeather and others, they predicted an above-average season based on sea-surface temperatures, the presence of La Niña, and historical analogs. CSU used data and models going back 40 years. Factors considered also include: where sea surface temperatures are warmer/cooler, sea level pressures, vertical wind shear levels (the change in wind direction and speed with height in the atmosphere), accumulated tropical cyclone energy, and more.

CSU Forecast Compared to Others

Here’s how CSU’s hurricane season forecast looks compared to historical averages and other predictions.

Year(s)StormsHurricanesMajor Hurricanes
1981-2010 (Old Average)1263
1991-2020 (New Average)1473
2020 Actual30136
2021 Predicted by AccuWeather16 to 207 to 103 to 5
2021 Predicted by Colorado State1784
Major Hurricanes are Cat 3 or higher with sustained winds of 111 mph or greater.

Striking Recent Parallels

According to CSU, so far, the 2021 hurricane season is exhibiting characteristics similar to 1996, 2001, 2008, 2011 and 2017. “All of our analog seasons had above-average Atlantic hurricane activity, with 1996 and 2017 being extremely active seasons,” said Phil Klotzbach, research scientist in the Department of Atmospheric Science and lead author of the CSU report.

In case you’re new to the Houston area and the significance of those bold-faced years escapes you:

  • 2001 was Tropical Storm Allison which dumped 38 inches of rain on Houston, so much that it caused flood maps to be redrawn. The storm meandered over Houston for 4 days due to slow movement and weak steering currents.
  • 2008 was Hurricane Ike which destroyed tens of thousands of homes on the Bolivar Peninsula. It killed 195 people, came ashore as a Cat 4 storm with winds of 148 miles per hour, came straight up Galveston Bay, went right over Kingwood, and knocked down so many trees that the Lake Houston Area lost power for 3 weeks. It did $38 billion in damage and ranks as the sixth costliest storm in US history.
  • 2017 was Hurricane Harvey. HCFCD’s report on the storm says it all. At the peak of Harvey, five times more water went over the Lake Houston Dam than goes over Niagra Falls on average.
Bolivar Peninsula after Hurricane Ike in 2008. Photo Courtesy of NOAA.
In 2019, NASA captured Dorian and this string of tropical cyclones lined up across the Western Hemisphere.

But 2011 was the opposite end of the spectrum. It was the driest year ever for Texas and the start of a drought that lasted through 2014.

Playing the Percentages

The CSU team predicts that 2021 hurricane season activity will be about 140 percent of the average season. By comparison, 2020 was about 170 percent. The 2020 hurricane season had six landfalling continental US hurricanes, including Category 4 Hurricane Laura which battered southwestern Louisiana.

The report also includes the probability of major hurricanes making landfall:

  • 69% for the entire U.S. coastline (average for the last century is 52%)
  • 45% for the U.S. East Coast including the Florida peninsula (average for the last century is 31%)
  • 44% for the Gulf Coast from the Florida panhandle westward to Brownsville (average for the last century is 30%)
  • 58% for the Caribbean (average for the last century is 42%)

Keep your fingers crossed and make sure you’re prepared. It only takes one storm to make your life miserable if you are not prepared. And remember, Allison happened on June 4th…just three days after the start of hurricane season.

Posted by Bob Rehak on 4/10/2021 based on a report by Colorado State University

1320 Days since Hurricane Harvey