GLO Releases Texas Coastal Resiliency Master Plan

Texas Land Commissioner Dawn Buckingham, M.D. released the 2023 Texas Coastal Resiliency Master Plan (TCRMP) last month. It proposes a framework that addresses coastal hazards as well as investments that protect natural and man-made coastal environments.  The plan includes 52 Tier 1 priority projects in the Houston/Galveston area including 4 in Harris County.

121 Projects along 367 Miles of Coastline

The beautifully written and art-directed 356-page plan recommends a total of 121 projects prioritized as Tier 1 by the Texas General Land Office (GLO). In developing the plan, the GLO collaborated closely with a Technical Advisory Committee to mitigate issues that negatively impact the Texas coast. 

“Protecting our 367 miles of Texas coastline is vital to our state’s economy,” said Commissioner Buckingham. “The Texas Coastal Resiliency Master Plan provides a strategic path in prioritizing projects. It will ensure long-term resilience of our diverse coastal ecosystems and protect coastal resources for future generations. I want to thank the hundreds of members of the Technical Advisory Committee for the expertise and leadership they contributed to this comprehensive process.”

The Texas Coastal Resiliency Master Plan will help protect both coastal infrastructure and natural resources.

The plan’s recommended strategies and projects target areas in need of better protection and restoration.

Texas General Land Office

Plan Updated Every Four Years Addresses Variety of Threats

GLO updates the Coast Resiliency Master Plan every four years. It uses the most current storm surge and sea-level-rise models to illustrate the need and benefit of recommended projects. A list of high-priority coastal resiliency initiatives and projects was developed to address risks such as:

  • Storm surge
  • Inland flooding
  • Shoreline change
  • Degraded water quality and more.

Separate From, Yet Complementary to, Corps’ Plan

The TCRMP is separate from, yet complementary to, ongoing federal coastal protection efforts led by the U.S. Army Corps of Engineers (USACE).

Federal efforts include the Coastal Texas Program and Sabine Pass to Galveston Bay Coastal Storm Risk Management (CSRM) Program, which focus on implementation of the Coastal Barrier System and other storm risk reduction projects.

The TCRMP provides a priority list of projects that could be funded through other federal, state, and local sources to work towards restoration and protection of areas not currently covered directly by the work of USACE.

While the TCRMP does not provide or guarantee funding to projects, it is designed to demonstrate funding need and cost estimates for proposed projects. Project initiatives range in status from conceptual to in progress, so actual costs may vary once implementation begins.

Technical Advisory Committee Helps Produce Broad Range of Materials

The Technical Advisory Committee included hundreds of:

  • Coastal planners
  • Community leaders and decision-makers
  • Coastal scientists and engineers
  • Ports and navigation professionals’
  • Technical experts
  • Resource agency and regulatory staff members
  • Other key stakeholders.

They assessed coastal vulnerabilities with cutting-edge science and data analysis to determine the vulnerability of natural systems to hazards such as floods, storms, and storm surge.

For more information, visit: www.glo.texas.gov/crmp. Components of the Texas Coastal Resiliency Master Plan include:

Story Map Provides Excellent Graphical Introduction

The Story Map gives you an excellent overview of the plan in an easy-to-digest graphical format.

Note the high level of extreme and imminent hazards along the upper Texas Coast. This area includes Galveston Bay.

Brown areas are in extreme danger. Red areas are under imminent threat.

Many of the recommended projects are in this area, including projects at Anahuac and McFadden National Wildlife Refuges.

To address the dangers, the report includes many different types of projects/solutions.

Recommendations span the gamut of green to gray.

See the Texas Coastal Resiliency Master Plan for descriptions of the actual recommended projects and their locations. Thirteen recommendations involve multiple regions. See the links below for more information on each.

Posted by Bob Rehak on 4/24/2023 based on information provided by the Texas General Land Office

2064 Days since Hurricane Harvey

San Jacinto Flood-Mitigation Spending Down 81% in One Quarter

Just when you thought it couldn’t get any worse, it did. On 4/20/23, I reported about a drastic slowdown in the rate of Harris County Flood Control District (HCFCD) spending. Data obtained via a FOIA request indicate that with a few exceptions the slowdown has affected watersheds across the county.

Two thirds saw a decline in flood-mitigation spending last quarter. But the decline in the San Jacinto Watershed, which had the eighth most flood damage in Harris County in the last quarter century, was particularly steep.

The San Jacinto watershed decreased from $1.614 million in the fourth quarter of 2022 to $306,000 last quarter – an 81% decline in one quarter!

Admittedly, that’s over a very small base to start with. But that in itself is a testament to how little flood-mitigation activity there is in Harris County’s largest watershed at this time.

4Q22 to 1Q23 Changes

Comparing the last quarter of 2022 with the first quarter of 2023 shows that spending increased in only eight watersheds: Greens, Luce, White Oak, Armand, Goose Creek, Barker, Vince, and Spring Creek. Spring increased only from $24,000 to $37,000 in the first quarter.

Arranged in order of 4Q22 spending.

Increases totaled only $6.1 million. They were offset by $16.4 million in decreases, for a net spending decline of more than $10 million. Spending totaled only $38 million for the quarter.

San Jacinto Ranking Slips

Below, you can see how each watershed ranked solely on the basis of first-quarter spending.

Watersheds ordered by 1Q23 spending

The San Jacinto watershed slipped to 17th place in 1Q23 (down from 14th when the ranking includes spending going back to 2000).

Spending by watershed since 2000
From 1/1/2000 to 3/31/2023. Data supplied by HCFCD in response to FOIA request.

San Jac had ranked as high as 7th in post-Harvey spending back in mid-2021.

HCFCD construction in the San Jacinto watershed has seen multiyear delays in start dates while other areas received higher priority based on factors unrelated to flooding.

So-called “equity policies” instituted by a majority of Harris County Commissioners starting in 2019 have punished San Jacinto residents. That’s because the watershed contains only 31% low-to-moderate income (LMI) residents and the area is predominantly white. Under the County’s current policy…

“Socially vulnerable” areas with higher percentages of minorities and LMI residents get priority, even if they have less severe flooding.

Damage No Longer a Factor in Allocation

For instance, in five major storms since 2000 (Allison, Tax Day, Memorial Day, Harvey and Imelda), the San Jacinto Watershed had the eighth largest number of damaged structures. It also ranked fourth in the percentage of the population affected by flooding (see below).

When looking at flood incidents as a % of population, the San Jacinto has fourth highest % in Harris County.

Clearly, Hunting and Halls Bayous need all the help they can get. So do Greens and the San Jacinto Watershed. But the San Jac is getting little. Despite the percentage of residents who have flooded. Not to mention that 40% of all businesses in the Lake Houston Area Chamber of Commerce also flooded.

If I hear County Judge Lina Hidalgo, Commissioner Rodney Ellis or Commissioner Adrian Garcia talk about “worst first” one more time, I’m going to send them “GET REAL” cards. What rationale do they offer for ignoring the watershed with the deepest flooding – the San Jacinto?

worst first
Feet above flood stage at 33 gages on misc. bayous in Harris County during Harvey.

Here’s what that 20+ feet of floodwater looked like.

San Jacinto West Fork at I-69 during Harvey

If Judge Hidalgo, Commissioner Ellis and Commissioner Garcia want to see “social vulnerability,” I challenge them to visit Kingwood Village Estates, a complex 1.2 miles from the San Jacinto West Fork that caters to seniors.

Residents trying to escape as Harvey's floodwaters rose
Twelve seniors ages 65 to 95 from Kingwood Village Estates died as a result of Harvey.

I doubt Hidalgo, Ellis and Garcia will take me up on that challenge. So, in the meantime, we need to accelerate flood-mitigation spending – across the board. HCFCD spent just $38 million in the first quarter in the entire county. That’s very close to the spending rate before the 2018 flood bond.

We need to determine the reasons new projects are not starting in a timely way. We’re only 25% of the way through the flood bond. We have plenty of pressing projects waiting.

Policies, procedures, practices and people that subject anyone anywhere to higher-than-necessary flood risk longer than necessary need to change. More on that in a future post.

Posted by Bob Rehak on 4/22/23

2062 Days since 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.

Buy Emergency Supplies Tax Free From April 22 – 24, 2023

If you need emergency supplies, you can save the sales tax on them this weekend.

According to the Texas Comptroller’s Office, this year’s tax holiday begins at 12:01 a.m. on Saturday, April 22, and ends at midnight on Monday, April 24.

So, take an inventory and prepare yourself now for hurricane season. You can purchase certain emergency preparation supplies tax free during the sales tax holiday.

There is no limit on the number of qualifying items you can purchase. But there are some price limitations.

Qualifying Items

These emergency preparation supplies qualify for tax exemption if purchased for a sales price:

  • Less than $3000
    • Portable generators.
  • Less than $300
  • Less than $75
    • Axes.
    • Batteries, single or multipack (AAA cell, AA cell, C cell, D cell, 6 volt or 9 volt).
    • Can openers – nonelectric.
    • Carbon monoxide detectors.
    • Coolers and ice chests for food storage – nonelectric.
    • Fire extinguishers.
    • First aid kits (including these suggested items – PDF).
    • Fuel containers.
    • Ground anchor systems and tie-down kits.
    • Hatchets.
    • Ice products – reusable and artificial.
    • Light sources – portable self-powered (including battery operated).
      • Examples of items include: candles, flashlights and lanterns.
    • Mobile telephone batteries and mobile telephone chargers.
    • Radios – portable self-powered (including battery operated) – includes two-way and weather band radios.
    • Smoke detectors.
    • Tarps and other plastic sheeting.

Note: Several over-the-counter self-care items, such as antibacterial hand sanitizer, soap, spray and wipes, are always exempt from sales tax if they are labeled with a “Drug Facts” panel in accordance with federal Food and Drug Administration (FDA) regulations.

If you’ve ever been stuck with an electric can open after days without power, you know why manual can openers will be tax free this weekend.

Non-Qualified

These supplies do not qualify for tax exemption:

  • Medical masks and face masks.
  • Cleaning supplies, such as disinfectants and bleach wipes.
  • Gloves, including leather, fabric, latex and types used in healthcare.
  • Toilet paper.
  • Batteries for automobiles, boats and other motorized vehicles.
  • Camping stoves.
  • Camping supplies.
  • Chainsaws.
  • Plywood.
  • Extension ladders.
  • Stepladders.
  • Tents.
  • Repair or replacement parts for emergency preparation supplies.
  • Services performed on, or related to, emergency preparation supplies.

About Online Purchases, Telephone Orders

During the holiday you can buy qualifying emergency preparation supplies in-store, online, by telephone, mail, custom order, or any other means. The sale of the item must take place between the hours and days listed above.

The purchase date is easy to determine when the purchase is made in-store but becomes more complicated with remote purchases.

The purchaser must have given the consideration for the item during the period even if the item may not be delivered until after the period is over.

For example, if a purchaser enters their credit card information in an online shopping website on Monday, April 25, 2022, at 5:00 p.m.to purchase a qualifying generator, but the generator will not be shipped until Friday, April 29, 2022, and will not arrive until Tuesday, May 3, the purchase will still qualify for the exemption. However, if the charge to credit card is declined by the payment processor at 11:00 p.m. on Monday, April 25, 2022, and the purchaser does not resubmit payment until Tuesday, April 26, the purchase is taxable.

Shipping Charges May Disqualify Tax Savings if Over Limit

Delivery, shipping, handling and transportation charges are part of the sales price. Consider these charges when determining whether an emergency preparation supply can be purchased tax free during the holiday.

For example, you purchase a rescue ladder for $299 with a $10 delivery charge, for a total sales price of $309. Because the total sales price of the ladder is more than $300, tax is due on the entire $309 sales price.

Sales Tax Holiday Refund Requests

If a retailer charges you sales tax on qualifying items during the sales tax holiday, simply ask the seller for a refund of the tax paid.

The seller can either grant the refund or provide you with Form 00-985, Assignment of Right to Refund (PDF) that allows you to file the refund claim directly with the Comptroller’s office.

Should you have additional questions about refund requests, please contact us at 800-531-5441, ext. 34545, or visit the Texas Comptroller’s Sales Tax Refunds web page for further details on filing a refund claim or call 800-252-5555.

Suggested Emergency Kit Contents

Your emergency preparedness supplies should include items most relevant to your family’s specific needs. To help customize your kit list, use this Build-a-Kit checklist PDF (provided by the Texas Department of State Health Services).

Each family’s needs will differ, but FEMA recommends these 10 basic items to include in your emergency prep supplies:

  • Several days’ supply of food and water (for family/pets)  
  • Flashlight (with extra batteries)
  • Whistle (for rescue workers to hear you)
  • Dust mask (in case dirty/contaminated air)
  • Local maps (in case no access to internet)
  • Battery-powered or hand-crank radio
  • Manual can opener
  • First Aid Kit
  • Games/activities for kids
  • Wrench or pliers/other tools and equipment relevant to your needs

Note: not all of these may qualify for tax savings this weekend.

Posted by Bob Rehak on 4/21/2023 based on information from Comptroller.Texas.Gov

2061 Days since Hurricane Harvey

HCFCD Flood-Mitigation Spending Plummets

Harris County Flood Control District (HCFCD) flood-mitigation spending has plummeted. Data obtained via a FOIA request shows a precipitous falloff too prolonged and too steep to attribute to hiccups on individual projects.

The historical graphs below show annualized spending projections for 2023 based on first quarter spending (i.e., multiplied by four). HCFCD says that the first quarter of 2023 “has been slower than we want to see. But using Q1 spending as a proxy for the entire year is not a meaningful projection.”

However, spending decreased from $59 million in the first quarter of 2022 to $38 million in first quarter 2023 – a 36% drop. Likewise, looking at key spending components year over year:

  • Right-of-way (ROW) acquisition fell 87%
  • Partner spending fell 74%
  • Construction spending fell 34%.

Those decreases follow other substantial decreases in the preceding two years.

It’s impossible to tell exactly what will happen in the rest of 2023. But given recent trends and acknowledging the uncertainty, it appears likely that we’re headed for the third straight year of declining flood-mitigation activity.

The Falloff in Historical Perspective

If my annualized projection is in the ballpark, spending will fall this year to its lowest level since the passage of the 2018 Flood Bond. Almost five years after the passage of the bond, many projects should be moving into the expensive construction phase. So, total spending should be increasing, not decreasing. But spending is:

  • Half of what it was during the first full year of the bond in 2019.
  • About a third of what it was at the peak of bond spending in 2020.
  • Roughly equal to spending during 2017, the year before the bond vote. 
Includes all stages of all HCFCD projects.

As a result of the drop in flood-mitigation spending, families in large parts of the county will remain exposed to high flood risks longer than necessary.

So why the drop? Let’s start by looking at the major buckets of money.

Right of Way Acquisition and Construction Account for 79% of All Spending

Historically, ROW comprises 34% of all project spending since 2000, while construction comprises 45%. All other phases combined contribute only 21% to total costs.

Total spending between 1/1/2000 and 3/31/2023 by project lifecycle stage.

Right-of-Way Acquisition

The drop in total spending appears tied to a drop in right-of-way acquisition, including buyouts.

Before HCFCD can widen channels and build detention basins, it must own the property. So it’s a leading indicator.

But right-of-way (ROW) acquisition spending has fallen from a recent peak of $172 million in 2020 to an annualized rate of about $5 million this year. That’s a 34X decrease.

After reviewing the graph above, HCFCD responded that it purchased many properties for future projects upfront in the bond program. While true, it’s also true that many projects still require right-of-way acquisitions.

A District spokesperson also pointed to the time since Harvey. “It has been several years since our region’s last major flood event, and owner participation in the buyout program has declined. In our experience, owners are most motivated to sell their flood-prone property soon after a flood event.”

Certainly, buyout difficulty increases after people repair their homes.

But the county faces organizational challenges as well that go beyond HCFCD.

  • Harris County reportedly severed its relationship with a private firm that managed flood buyouts for decades and has not hired a replacement.
  • The Harris County Real Property Division, a part of the Engineering Department, now handles buyouts, but appears to be broken, like many other Harris County Departments. (See Brain Drain in Harris County Government.) According to people familiar with the turnover, the county has reportedly replaced seasoned professionals with political hires.
  • Commissioner Adrian Garcia reportedly hates buyouts and Garcia controls the Engineering Department.

Drop in Grants, Partner Spending

Another factor has been a decrease in grants and partner spending. It dropped 74% from $20.6 million in Q1 2022 to $5.4 million in Q1 2023.

Decreases seem to be persistent. The graph below shows partner spending by month since the start of the flood bond through the end of last year.

Grants by month since start of flood bond in 2018
Data supplied by HCFCD in response to separate FOIA request.

In at least one high-profile case, $750 million in partner funding was delayed two years when Harris County Commissioners Court had the Community Services Department – NOT HCFCD – prepare a plan for spending U.S. Department of Housing and Urban Development (HUD) Harvey flood-mitigation funds.

Harris County first learned that the Texas General Land Office (GLO), which manages HUD money in Texas, was recommending the $750 million allocation in May 2021. But Community Services won’t hold a conference soliciting projects until May 2023. And the GLO doesn’t expect a project list for approval from Community Services until June 2023 at the earliest.

HCFCD already had a list of projects ready that met HUD criteria in May 2021. HCFCD could have used all of that $750 million and then some. But with the political interference, HCFCD will now get less than half that amount for flood mitigation – $326.25 million.

HCFCD hopes to turn the decline in partner spending around. Their spokesperson said, “Looking ahead, we have worked with our federal, state and local partners to secure additional project funding opportunities, including opportunities through CDBG-MIT, CDBG-DR, FEMA, EPA, and others. This increase in funding will help to spur spending as well, especially given the timelines associated with several of the funding opportunities and partnerships.”

I pray they’re successful with that. But even if HCFCD can ramp up partner spending, sources cite several other problems.

Constant Changes in Direction

Before 2019, flood damage largely drove which watersheds received funding. But in 2019, Harris County Commissioners, led by Precinct One Commissioner Rodney Ellis, passed an Equity Prioritization Plan. That plan has been revised constantly since then.

HCFCD claims that no projects have been cancelled or paused because of prioritization changes. That’s true. Once started, HCFCD works projects to completion. But the revisions do contribute to delays in starting projects.

It’s impossible to calculate exactly how much the revisions have slowed the total spending rate. However, former HCFCD employees have complained about wasted time and effort. “Why prioritize projects once when you can do it three or four times!”

Another former employee gave a more specific example, “The changes cause confusion and additional work as projects must be re-scored each time. A project may be just about ready to go to Commissioners Court for approval, then the criteria change so it might get pulled until it’s rescored. Then, Commissioners may ask additional questions about where that project now ranks among others. And those conversations take time. So it may take several court meetings which could take a month or more before an item can go back to Court for approval.”

No one seems very excited about such issues now. But I suspect they’ll demand answers after the next flood.

What Else Accounts for the Decrease?

In fairness, an HCFCD spokesperson pointed out that after Hurricane Harvey, emergency repairs accounted for a large portion of spending. Those exaggerated the peaks in the bar graphs above and made the drop-offs look steeper than they otherwise might. However, HCFCD did not quantify how much it spent on emergency repairs.

Posted by Bob Rehak on April 20, 2023

2060 Days since 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.

Footnote: an attentive reader might notice some variation between previously reported spending and the numbers reported here. HCFCD has transferred subdivision drainage improvement expenses to Harris County Engineering. The transfers involve both current and historical spending, so year over year totals are still comparable for other categories.

Mark Your Calendar: Tour Hurricane Hunter Aircraft on May 1

NOAA, the National Weather Service and the Hurricane Hunters will sponsor a public tour of Hurricane Hunter aircraft at Ellington Field on Monday, May 1, 2023. It’s all part of a Hurricane Awareness Tour open to the public.

Hurricane Hunter
What You Can Do:

Tour the NOAA-P3 and the USAF C130 Hurricane Hunter aircraft. Mingle with the pilots and air crews. Meet experts from the National Weather Service and National Hurricane Center, including the newly appointed NHC Director Michael Brennan.

There will be numerous static displays including other aircraft and disaster response vehicles. The US Coast Guard will display a helicopter and flood boat.

Representatives from various agencies will pass out hurricane preparedness materials.

  • Speak with hurricane forecasters
  • Meet with local National Weather Service meteorologists
  • Walk through exhibits from various agencies & organizations
  • Learn about weather safety & preparedness
List of Booths:
  • Nws Houston/Galveston
  • Harris County Office Of Homeland Security And Emergency Management
  • Harris County Flood Control District
  • City Of Houston Office Of Emergency Management
  • United States Army Corps Of Engineers
  • USAA – United Services Automobile Association 
  • Flash – Federal Alliance For Safe Homes
  • American Red Cross
Where:

Ellington Airport, near Hangar G

11210 Blume Ave

Houston, TX 77034

See this PDF for directions.

When:

Public viewing period from 12:30 pm to 4 pm. 

Gates close to entry at 3 pm. 

Plan on about an hour to view the aircraft and displays.

Free And Open to All:

There is no charge to tour the Hurricane Hunters. This event is free and open to all as part of National Hurricane Preparedness Week, April 30-May 6.

For more details and directions, click here.

And remember, hurricane season is just weeks away.

Posted by Bob Rehak on 4/18/2023

2058 Days since Hurricane Harvey

County Attorney Claims Producing Election Records “Will Harm” Harris County in Litigation

Harris County has filed a lawsuit against Texas Attorney General Ken Paxton seeking to keep 2022 election records secret, saying they “will harm” the county in litigation and must remain “confidential” by law, even though the law cited never mentions the word “confidential.”

The County’s most recent amended petition (dated 4/12/23) by Harris County Attorney Christian D. Menefee seeks a declaratory judgment from the 201st Judicial District Court in Travis County.

History of Dispute

What is the fight about? It started when investigative reporter Wayne Dolcefino and Jim McIngvale, Gallery Furniture owner, requested a list of records related to the November 2022 elections, including:

  • Phone records between officials regarding the election
  • Voting-machine maintenance records
  • The amount of ballot paper shipped to each precinct
  • Complaints received via phone and email on election day
  • A list of polling locations used in 2020 and 2022
  • Election administrator emails

Dolcefino and McIngvale hoped to determine whether more Republican-leaning precincts than Democratic-leaning precincts:

  • Experienced delays, jammed voting machines, and long lines
  • Ran out of ballot paper
  • Turned voters away
  • And, if so, whether problems were intentional

Harris County stonewalled their Texas Public Information Act request. They appealed to State Attorney General Ken Paxton. Paxton ruled in favor of Dolcefino and McIngvale. Harris County is appealing Paxton’s ruling.

Admission of Guilt?

As I read Harris County’s latest legal filing in this dispute, Paragraph 22 jumped out at me. It states, “Harris County further asserts there is a compelling reason to withhold the [requested] information from disclosure under Texas Gov’t Code 552.103, the litigation exception, as producing records will harm the County’s position in ongoing and anticipated litigation.” [Emphasis added.]

In my opinion that last statement sounds like an admission of guilt. They didn’t say, “could harm.” They said “will harm.”

If we assume the County Attorney is competent and knows what he’s talking about, that’s a pretty damning and alarming statement.

“Get Out of Jail Free” Card?

Further, again in my opinion, the reference to “anticipated litigation” seems like a “get-out-of-jail-free card.” Without more specifics, any official could claim “anticipated litigation” any time s/he didn’t want to produce embarrassing records.

So, I looked up the litigation exception. Harris County’s petition seems to fall short of the requirements re: “anticipated.”

Section 552.103(c) states that the litigation exception may be invoked “only if the litigation is pending or reasonably anticipated” on the date information is requested. [Emphasis added.] For instance, has a law firm sent a registered letter informing the defendant of an intent to file a lawsuit? Harris County’s latest petition does not reveal any such anticipated lawsuits, if there are any.

Mocking Legislators’ Intent?

Menefee’s petition cites Chapter 552 of the Texas Government Code TWENTY times as a reason to keep election records secret.

Yet Chapter 552, Subchapter A begins with the following warning to public officials. “The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”

Harris County’s position seems to mock legislators’ intent.

Bogus “Confidential” Claim

This case isn’t about national security. It’s about whether an election was conducted fairly. That’s why in my opinion, the refusal to produce these records is tantamount to a coverup.

Despite the fact that Dolcefino and McIngvale aren’t demanding a recount or the actual ballots stored in locked boxes, Harris County would have you believe they are.

The County’s fourth amended petition claims “cast vote records” are considered to be “confidential” and must be stored in a “secure container for 22 months” under the Texas Election Code 66.058. See Paragraph 9 of Petition. However…

In searching Chapter 66 of the Election Code, I found ZERO mentions of the word “confidential.”

The goal of the section that Menefee cited seems to be preserving paper ballots to settle disputes, i.e., preventing them from being destroyed prematurely. Chapter 66 even spells out procedures for opening storage containers, which the County Attorney claims is “a criminal offense” (See Paragraph 10 of his amended petition).

Menefee neglects to mention that it’s only illegal if it’s unauthorized and procedures are not followed. See Texas Election Code 66.058(c).

Also regarding confidentiality of voting records, Chapter 66.0021 states, “Each vote total shall be maintained in a downloadable format approved by the Secretary of State and posted on the Internet…” So much for confidentiality!

Your tax dollars are paying for this nonsense and to keep election information secret. Election information that the County Attorney admits is damning!

So far, all Dolcefino and McIngvale have gotten is ad hominem attacks from the County Judge Lina Hidalgo.

If Hidalgo or Menefee wish to explain their position for ReduceFlooding readers, I invite them to do so.

Posted by Bob Rehak on 4/16/23

2056 Days since 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.

San Jacinto Greenway Officially Opens

Today, Saturday, April 15, 2023, marked a milestone in the recovery of the Lake Houston Area from Hurricane Harvey.

The San Jacinto Greenway, a gorgeous linear park with hike and bike trails, has replaced the Riverview Townhome complex so utterly destroyed by floodwaters in Forest Cove. At exactly 12:16 and 21 seconds, more than a dozen City, County, State, Federal, School Board, Houston Parks Board, Flood Control and Forest Cove officials officially cut a symbolic bright green ribbon to open the first 2.5 mile segment of the new San Jacinto West Fork Greenway.

The event had something for just about everyone:

  • Speakers who put the event in perspective
  • Free tacos from El Jimador, a local restaurant on Hamblen Road.
  • Refreshments
  • A DJ spinning tunes
  • The award-winning Riverwood Middle School cheer squad
  • Shaded picnic tables
  • Abundant sunshine

It had the feeling of a cross between a small-town festival and a Hallmark movie.

Neighbors greeted old friends. Proud parents showed off babies. Officials up for re-election pressed the flesh. And everyone, it seemed, took selfies with everyone else.

People Refusing to Accept Defeat

An almost audible sigh of relief hung in the air. Today was about people who refused to accept defeat. Who fought together to rebuild their community after 240,000 cubic feet per second swept some entire townhome complexes off their foundations.

Riverview townhome
Photo of townhome one year after Harvey in 2018. Imagine this times 80.

There were dark days during the seemingly endless buyout phase of the project when everything felt so hopeless. What remained of the townhomes became a magnet for arson, drug dealing, illegal dumping and graffiti.

At times it felt like the blight might never go away. But it did. Beautiful triumphed over bleak. And this morning, despite overnight thunderstorms, not a leaf was out of place and a community stood tall once again.

Award-Winning Riverwood Middle School Cheer Team
Crowd mingling among booths early in the event.
Houston Mayor Pro Tem Dave Martin (left) and Humble ISD School Board Member Robert Scarfo
Beth White, President & CEO, Houston Parks Board, introduced speakers and explained how the project came to be, including a hefty grant from the Kinder Foundation.
No chairs? No problem! Just pull up some pavement.
Dr. Tina Petersen, Executive Director of Harris County Flood Control District talked about the buyouts, FEMA, and how this area will remain green in perpetuity.
A guided bicycle tour of the trail system attracted families, teens and retirees.
Meanwhile, some people decided to explore the new San Jacinto Greenway on their own in the other direction.

Harris County Precinct 3 will reportedly finish pushing the San Jacinto Greenway through to Edgewater Park at US59, but has not announced a timetable yet. More news to follow when that becomes available.

Posted by Bob Rehak on 4/15/2023

2055 Days since Hurricane Harvey

You’re Invited: San Jacinto Greenway Ribbon Cutting Saturday 11-1

Come to the Forest Cove Community Center this Saturday, April 15, from 11 AM to 1 PM at 1025 Marina Drive to celebrate the newest segment of San Jacinto Bayou Greenway!

RSVP at bit.ly/SanJacBayouGreenway to confirm your attendance. Please share this invitation with your friends, neighbors, and family. The whole community is invited.

Event Details

Enjoy:

  • Free tacos from local restaurant El Jimador
  • A guided bicycle ride along the new greenway (BYOB – bring your own bike)
  • DJ Waynehead spinning tunes throughout the event.

Schedule:

  • 11:00 AM: Festivities begin
  • 11:30 AM: Speakers and Ribbon Cutting with Mayor Pro-Tem Dave Martin
  • 12:15 PM: Group bike ride (20-minute roundtrip)
  • 01:00 PM: End

Park along the street and on the tennis courts behind the community center. 

Officials in attendance will include:

  • City of Houston Mayor Pro-Tem Dave Martin, District E
  • State Representative Charles Cunningham, District 127
  • Lawrence Bell, Harris County Precinct Three 
  • Dr. Tina Peterson, Director, Harris County Flood Control District
  • Chris Carroll, Interim Deputy Director, Greenspace Management, H.P.A.R.D.
  • Matt Tielkemeijer, Vice President, Forest Cove Property Owners Association
  • Beth White, President & CEO, Houston Parks Board

Project Information

Houston Parks Board started construction of this 2.5-mile Bayou Greenway segment from Woodland Hills Drive to Hamblen Road in January 2021 and completed it in March 2023. The trail does not yet stretch all the way to US59, but it’s getting close.

Screen Capture from Houston Parks Board website

Features of the San Jacinto Bayou Greenway include:

  • New off-street trails, as well as the use of existing residential streets for the trail system
  • Trail connection for Kingwood residents at Woodland Hills Drive to access the Bayou Greenway
  • Planting of native trees, meadows, and wildflowers
  • Benches, seating areas and overlooks
  • Interpretive and directional signage
  • Trash cans and recycling containers 

Recreation Enhancement, Flood-Damage Reduction

This project brings recreational amenities to the Forest Cove/Kingwood area and removes people from repetitive, devastating flooding. 

Houston Parks Board

Houston Parks Board partnered with Harris County Flood Control District (HCFCD) to purchase land and convert it to greenspace. A portion of the greenway goes through the now-demolished Riverview Townhome complex, which HCFCD acquired with a combination of FEMA funding and flood-bond funds.

I interviewed one family that had flooded eight times in five years. Hurricane Harvey dealt the death blow to the once-proud townhomes but it took almost another six years to obtain funding, demolish what remained of them, and build this trail system.

Forest Cove Townhomes waiting for demolition
Forest Cove Townhomes waiting for demolition in February of 2022

San Jacinto Bayou Greenway is part of a citywide initiative called Bayou Greenways. Houston Parks Board leads the initiative. Partners include: the City of Houston, its Parks and Recreation Department, and the Harris County Flood Control District.

Bayou Greenways creates a continuous linear park system along Houston’s major waterways, transforms more than 3,000 underutilized acres along the bayous into accessible greenspace, and connects 150 miles of hike-and-bike trails. 

Photos Taken on 4/14, Day Before Ribbon Cutting

Below are some photos of the Greenway taken one day before the ribbon cutting as final preparations were underway.

Looking west from Forest Cove Pool toward the UP railroad bridge over the San Jacinto West Fork. New trail snakes from middle left along river.
Still looking east toward railroad bridge at point where trail turns north toward Hamblen Road at Burning Tree Court.
Looking SE toward Forest Cove baseball fields along Forest Cove Drive.
Another view looking SE along Forest Cove Drive. where trail winds near one of many river inlets.
Looking back NW toward Forest Cove Community Center.
Hike and bike paths are concrete and wide enough to easily accommodate traffic in both directions.

Entrance to the segment that connects to the Kingwood trail system at the east end of Hamblen road. Shaded rest stops with benches dot the entire Greenway.

Hope to see you at the ribbon-cutting ceremony tomorrow. Don’t forget to RSVP. It will help them plan quantities for the free food. Bring the family, your bikes, and your helmets. The transformation in this area from Harvey to today is remarkable to see! It’s beautiful again!

Posted by Bob Rehak on 4/14/23

2054 Days since Hurricane Harvey

Northpark Drive Expansion Starting Today

On 4/13/23 at 8 A.M. sharp, Northpark Drive expansion started after 10 years of planning. Dignitaries gathered in the parking lot of a local business for the groundbreaking ceremony even as surveyors were already working father east and Harper Brothers Construction started prepositioning equipment.

This project will make Kingwood safer in the next big flood. It will also make the Livable Forest more livable by reducing traffic congestion.

Ceremonial Kickoff

Houston Mayor Sylvester Turner, Mayor Pro Tem Dave Martin, Council Member-at-Large Sally Alcorn, the board of the Lake Houston Area Redevelopment Authority, and Montgomery County Precinct 4 Commissioner Matt Gray all grabbed shovels for the ceremonial kickoff.

Gray will coordinate with the City on this project. Even though it is within the City, Phase One falls entirely in Montgomery County.

Martin acted as master of ceremonies and reminded everyone of the work the late TIRZ Chairman Stan Sarman did to keep this project moving through the years.

How Project Began

Martin called this the first major infrastructure project in Kingwood since the West Lake Houston Parkway Bridge was built between 1990 and 1992. He also provided a brief history of the project. More than a decade ago, the City considered expanding Kingwood Drive.

Traffic studies showed that Kingwood Drive ranked as the most congested thoroughfare in the City and was among the most dangerous. However, the community’s desire to preserve the trees along Kingwood Drive – one of the signature attractions of the community – put that project on indefinite hold.

The City then began looking at Northpark Drive as an alternative. It was ranked the fifth most congested thoroughfare in the City and also one of the most dangerous.

Benefits of Project

Martin emphasized the benefits of the project during emergencies, such as Hurricane Harvey, which virtually turned Kingwood into an island. He also talked about the increasing length of trains and how they could block Kingwood Drive, Northpark and Ford Road simultaneously.

Martin said that the Northpark Drive expansion will provide a bridge over the railroad tracks and Loop 494 that lets citizens, firetrucks and ambulances enter and exit Kingwood 24/7/365 without delay. The City will also raise Northpark in places that frequently flood, i.e., at the diversion ditch and over Bens Branch.

Culverts will replace the ditch now down the center of Northpark Drive so the thoroughfare can expand to six lanes.

Mayor Pro Tem Dave Martin

The first phase of the project from 59 to the Kingwood Diversion Ditch should take about two years to complete. Traffic frequently backs up most of this distance, especially when trains pass through the area.

Pictures of Groundbreaking

Below are pictures that show today’s ceremony and scope of the project.

Martin (left) and Turner (right) kicked off the ceremony by talking about the need for the project and thanking all those present for their support.
Houston Mayor Sylvester Turner, who has only eight and a half months left in office, drew a laugh from the crowd when he quipped that residents could complain to someone else about traffic delays during construction.
First shovels in a two year project. Gray, Martin and Turner are fourth, fifth and sixth from left respectively. Traffic backed up in background underscores need for project.
Looking SW. Drone shot taken as event (bottom middle) was breaking up also shows where bridge will go over UP railroad tracks and Loop 494 in upper right.
Looking west. Another drone shot taken on previous afternoon at 3PM shows inbound traffic backed up all the way to 59 in background .
Looking east toward Kingwood. First phase of project will go to end of ditch at top of frame.

Construction always entails some pain. But the benefits will far outweigh any inconvenience. I can’t wait to be one of the first to drive over the bridge that will alleviate the perpetual congestion at the intersection above.

Posted by Bob Rehak on 4/13/2023

2053 Days since Hurricane Harvey

Five Pieces of Legislation That Could Reduce Flooding

Currently in Austin, there are five pieces of pending legislation that could reduce flooding in the Lake Houston Area, Harris County and the entire region. Here’s a rundown on each.

SB2431 and HB5338

Senate Bill 2431 and House Bill 5338 are companion bills that would transform the Harris County Flood Control District into the Gulf Coast Resiliency District with a board appointed by the governor. This would take the District out from under the thumb of Harris County Commissioners court.

The net impact could be a fairer distribution of funds to the areas hardest hit by flooding and a regional focus that reduces flooding for all, not just those in Democratic precincts.

Of the 18 active capital improvement construction projects currently underway by HCFCD, not one is in the last remaining precinct led by a Republican commissioners in Harris County. See below.

Active capital improvement projects
Source: Harris County Flood Control District Active Construction. Note absence of purple dots in Precinct 3 (pink area).

The yellow precinct on the west side of the county (P4) used to be Republican-led until this January. It has only one capital improvement construction project.

The other 17 active capital improvement construction projects are split between the two precincts led by Democratic Commissioners Rodney Ellis and Adrian Garcia.

HB1093

After Harvey, both the East and West Forks of the San Jacinto River became clogged with sand. Sand mines along the banks of rivers were large contributors.

House Bill 1093 would ensure that when sand mines are played out, the operators have enough financial reserves to clean up the property and replant vegetation before walking away.

Some miners simply abandon property, leaving rusting dredges, excavators, bulldozers, processing equipment, and more to litter the landscape. Likewise, they are supposed to regrade property to eliminate stockpiles that could be swept away in floods. And they are supposed to replant vegetation that could reduce the rates of erosion. But not all do.

HB1093 would force miners to provide financial surety that guarantees cleanup won’t fall on the shoulders of taxpayers. Surety is a common practice in the construction trades. Think of it as a form of insurance. If the miner can’t afford reclamation, the surety company is on the hook, not ordinary citizens.

Without this bill, some irresponsible miners will continue littering the shores of our rivers – the rivers that provide drinking water to 2 million people.

abandoned dredge
Dredge left at abandoned West Fork sand mine on North Houston Avenue in Humble.

HB5341

House Bill 5341 would create a Lake Houston Dredging and Maintenance District. Its purpose would be to remove sediment, debris, sand, and gravel  from Lake Houston and its tributaries to restore, maintain, and expand the Lake to mitigate storm flows. 

After Harvey, the Army Corps of engineers recommended a regular maintenance dredging program to reduce future flooding. This is it.

The District would have a board appointed by Harris County Commissioners, the Houston City Council, the Houston Mayor and the Harris County Judge.

The District would remove debris under and on the water of Lake Houston and its tributaries, but would be prohibited from doing so in such a way that it would impact water quality or water treatment costs. Dredgers would have to obtain approval from Houston Public Works before conducting any operations.

They could take sand and gravel from Lake Houston and its tributaries without paying a fee or tax.

Before beginning operations, the District would also conduct a funding study. Presumably at a minimum, that would estimate how much money it could make by selling dirt removed from the lake. Such dirt could be used as fill to raise homes and roads.

The District would also have authority to issue revenue bonds and could receive up to $25 million per year for the next two years from the state during that start-up period. It could not impose any taxes or fees.

East Fork Mouth Bar Dredging
Removing part of the East Fork Mouth Bar during dredging operations in 2022.

SB1366

Senate Bill 1366 redirects surplus revenue from the economic stabilization fund to the Flood Infrastructure Fund. The State’s Flood Infrastructure Fund (FIF) has turned into one of the main sources of funding for Texas Water Development Board grants and one of the main ways that smaller counties and cities can fund flood projects.

FIF covers a wide variety of projects related to flood mitigation and resilience.

Because both revenue estimates and budgets are still in flux, it’s unclear at this point exactly how much would be transferred, according to Senator Brandon Creighton’s office. Creighton sponsored this bill.

Check back often for more about legislation that could reduce flooding.

Posted by Bob Rehak on 4/12/2023

2053 Days since 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.