Next Countdown Clock Starts Ticking for Romerica’s High-Rise Development in Kingwood

The Galveston District, U.S. Army Corps of Engineers Regulatory Branch announced today public comments were forwarded to Romerica Investments, LLC, regarding permit application SWG-2016-00384 for a project in Kingwood, Texas.

Poster of Commercial District displayed by Romerica at Kingwood Public Meeting on 3/18/2019

Thirty Days from March 28

“We appreciate the time and effort of those concerned to meet the extended deadline,” said Elizabeth Shelton, a USACE Galveston District Regulatory project manager. “We have forwarded the public notice comments received to the applicant for response by letter dated 28 March 2019.  The applicant has 30 days from the date of the letter to respond to the comments received.”

That means Romerica has until April 27 to respond to the hundreds of letters written by concerned residents and environmental groups. At this point, that means they have 24 days left to respond.

Discharge of Fill into Wetlands and Streams

Shelton said the Corps Regulatory Division’s role, in this permit application, is to evaluate, under Section 404 of the Clean Water Act, the proposed activity, the discharge of fill material into waters of the U.S., and the compliance of this proposed activity with other Federal laws, as applicable.

“The Division is evaluating the discharge of 68,323 cubic yards of fill material into 42.35 acres of wetlands and an estimated 285 cubic yards of fill material into 771 linear feet of streams adjacent to the West Fork of the San Jacinto River,” said Shelton.

The initial close of comment period was January 29. Corps Regulatory Division officials made the decision to allow for 30 additional days which extended the comment period to March 1. 

The notice can be viewed at: https://www.swg.usace.army.mil/Media/Public-Notices/Article/1722068/swg-2016-00384-romerica-investments-llc-west-fork-of-the-san-jacinto-river-harr/

Romerica At BizCom

Romerica will be giving a brief presentation at the Lake Houston Area Chamber of Commerce BizCom meeting, on Thursday, April 4th, , 11 a.m., at Kingwood Park High School. Ms. Leah Manlove Howard, CMC, Chief Strategy Officer, VP and Program Chair of the American Advertisers Federation – Houston; and Michelle Hundley, President & CEO, Stratus Consulting will deliver the Heron Project Update, according to the Chamber.

Posted by Bob Rehak on 4/3/2019

582 Days since Hurricane Harvey

How Harvey Affected Houstonians Physically and Mentally

In the wake of Hurricane Harvey, more than 10,000 rescue missions were conducted, $125 billion worth of damage was reported, and more 700,000 residents registered for Federal Emergency Management Agency assistance. The storm caused so much property damage, that the damage to people’s health has largely been overlooked. Documenting that damage has been the goal of the Hurricane Harvey Registry and Rice University in collaboration with many local government, environmental and health care leaders.

Key Findings of Hurricane Harvey Registry

Their first report issued in February, 2019, reflects the input of almost 10,000 respondents. Among this self-selected sample:

  • 44% experienced flooded homes
  • 55% had damaged homes
  • 34% had vehicle damage
  • 43% lost electricity
  • 41% lost income

Almost half lost the use of their homes for 20 weeks. Sixty-five percent had to live among piles of trash for seven weeks; that’s the average time it took to clear piles.

People who experienced flooding were at risk for exposure to sewage, toxic chemicals, and other hazardous substances. Lack of knowledge, proper cleaning materials, and protective gear increased health risk. Exposure to mold, bacteria and toxins have been linked to new and worsening respiratory conditions.

Most Common Physical Maladies

Among the physical symptoms people showed:

  • 50% complained of runny noses
  • 26% experienced headaches or migraines
  • 23% had problems concentrating
  • 20% had shortness of breath
  • 10% experienced skin rash.

People who lived in homes during cleanup reported much higher incidences of these problems than those who lived with relatives or somewhere else.

From page 9 of the Hurricane Harvey Registry Report. Share your Harvey experience at HarveyRegistry.rice.edu.

Psychological Aspects Revealed by Hurricane Harvey Registry

Property loss and damage correlate highly with poor mental health among hurricane survivors. Unemployment, physical illness or injury, and housing insecurity related to hurricanes have also been linked to mental health problems.

  • 37% of respondents reported difficulty sleeping “sometimes or always”
  • 33% reported feeling “numb” sometimes or always
  • 30% reported dreaming about the flood sometimes or always

The report explores many other psychological dimensions of the aftermath.

Interestingly, psychological reactions to natural disasters occur in waves of emotional highs and lows. They take place well beyond the event’s anniversary and reveal an inability to put the storm behind them.

Difficulty of Putting Past Behind

Compared to those who didn’t flood, people who DID flood were almost THREE times more likely to say they OFTEN:

  • “..tried not to think about it.”
  • …”had waves of strong feelings about it.”
  • “…thought about it when I didn’t mean to.” Or…
  • “Other things kept making me think about it.”

They were FIVE times more likely to say that they were aware that “I still had a lot of feelings about it, but I didn’t deal with them.”

Unmet Needs Revealed by Study

Researchers hope their work will help the region better understand and identify gaps in air quality regulations and help devise better intervention efforts aimed at addressing asthma within the state.

They also note that mental health services remain a significant need for the entire region. “Oftentimes, in the aftermath of traumatic stress,” they say, “it can take months for mental health conditions to manifest.”

Long-term displacement, financial challenges, and adverse health effects all contribute to anxiety, stress, persistent headaches, and other mental health related symptoms.

The researchers request that if you have not registered already, please make sure to visit HarveyRegistry.rice.edu. If you have friends, family, or neighbors in the region who have not registered, please make sure to share the link with them.

To view the full list of more than 50 researchers and sponsors who contributed to the Hurricane Harvey Registry project, download the full report.

Posted by Bob Rehak on April 2, 2019

581 Days since Hurricane Harvey

SRJA Begins Seasonal Lowering of Lake Conroe to Provide Buffer Against Flooding

On April 1, The San Jacinto River Authority (SJRA) began releasing water from Lake Conroe at a slow, controlled rate to help guard against flooding this spring. This is the first of two seasonal lowering periods scheduled this year.

Details of Lowering Policy

  • From April 1 to May 31, SJRA will lower Lake Conroe one foot from 201 to 200 msl (mean feet above sea level).
  • During the peak of hurricane season, from August 1 to September 30th, SJRA will lower the lake two feet to 199 msl.

If the lake level has already dropped to the target elevation due to evaporation, no additional releases would be made.

If a storm enters the forecast while seasonal releases are being made, releases would be stopped until rainfall is out of the forecast to avoid overloading the downstream watershed.

For the complete text of the SJRA’s seasonal lowering policy, click here.

Rationale for Seasonal Lowering

Yesterday, SJRA began releasing water at the rate of about 375 cubic feet per second (cfs). This rate is slow enough that it will not flood downstream communities, yet fast enough that, over time, it will give Lake Conroe extra capacity to absorb heavy, spring rains.

On April 1, the SJRA began lowering the level of Lake Conroe by 345 cubic feet per second.

“We should not forget that the Tax Day and Memorial Day floods both happened in the spring,” said Chuck Gilman, SJR’s Director of Water Resources and Flood Management.

Gilman emphasized that the seasonal lowering strategy is temporary while downstream communities address their own flood mitigation strategies such as dredging and additional gates for Lake Houston. Dredging will help restore conveyance of the San Jacinto river. Gates will increase the release rate of Lake Houston. Increasing the release rate is important for two main reasons:

  • The gates on Lake Houston have one fifteenth the release rate of Lake Conroe’s, creating a bottleneck – 150,000 cfs for Lake Conroe; 10,000 cfs for Lake Houston.
  • Pre-releasing water from Lake Houston in advance of a storm can take days. A storm can easily veer away during that time, resulting in wasted water. The long lead time significantly raises the level of that risk. More gates will enable the Coastal Water Authority to release water faster and reduce that risk.
Gates on the Lake Conroe Dam can release water 15X faster than the small gates on Lake Houston’s Dam.

Pressure Mounting on Board as Board Changes

During last February’s SJRA board meeting, the board voted to continue the lowering policy, which it began in 2018. However, lowering Lake Conroe has encountered pushback from boat owners who complain about the inconvenience. Board member Brenda Cooper voted against the lowering. All other board members who were present voted to continue it.

However, the board has seven directors and the terms of three will expire this year. As pressure mounts on the board and board members change, the seasonal lowering policy could be in jeopardy.

Mitigation Projects Also Pressured

All the more reason to dredge the mouth bar on the West Fork NOW! By the time Phase 1 is completed, it will have taken 15 months. But six months of that was surveying, bidding, and mobilizing the job. If FEMA and the Corps authorized dredging the mouth bar today, it could be completed before next spring. That would reduce the need to lower Lake Conroe again next year.

Stephen Costello, the City of Houston’s Chief Recovery Officer, speaking at a Kingwood Town Hall Meeting on March 21, said it could take 3 years to add 10 additional gates to Lake Houston. That was the best case. Others have previously estimated it could take 10 years.

It’s unlikely that residents of Lake Conroe would tolerate seasonal lowering of their lake for 3 more years, let alone ten. The longer flood mitigation takes, the more pushback we can expect. That’s yet another reason why we need to accelerate mitigation projects.

Posted by Bob Rehak on 4/2/2019

581 Days since Hurricane Harvey

Greater Houston Flood Mitigation Consortium Releases Report on Affordable Multifamily Housing

The Greater Houston Flood Mitigation Consortium has released its second report. This one addresses the City’s dwindling supply of affordable, multi-family housing, 26 percent of which lie within a currently mapped floodplain and are vulnerable to future flood events. 

Like the group’s first report which addressed the causes of flooding watershed by watershed throughout Houston, this is a true work of scholarship. Major contributors to the report include the University of Houston’s Community Design Resource Center, Rice University’s Kinder Institute for Urban Research, and the Local Initiatives Support Corporation Houston. The Cullen Foundation generously funded the report. Other major sponsors of the Consortium include the Houston Endowment,  Kinder Foundation, and  The Cynthia and George Mitchell Foundation.

Major Findings about Multi-family Housing

The report found:

  • 165,000 multi-family units are vulnerable to flooding
  • More than 475,000 people who live in these units often face multiple vulnerabilities.
  • 45% of all households in Harris County are renters
  • 57% of all households in the City of Houston rent
  • Half of the renter households in Harris County spend more than 30 percent of their incomes on housing 
  • The rising prices of rental units, coupled with the low incomes of many renting households, makes the search for safe and affordable housing a major challenge for many of Houston’s most vulnerable residents
  • Between 1990 and 2017, 1,850 multi-family units were lost each year through demolition 
  • Demolitions, renovations, and redevelopment of older apartment buildings are replacing lower-priced units with higher-priced ones 
  • Updated floodplain maps will likely bring tens of thousands more of the region’s residents into areas of elevated risk
  • The bulk of the new multi-family construction in the city and county is being built with higher-income renters in mind 
  • Half of all affordable multi-family units are at risk of losing their affordability through the expiration of existing subsidies, demotion or upgrades.

Organized to Give Insight into Strategies

The combined risks of flooding and the accelerating loss of affordable multi-family housing across the City of Houston and Harris County point to the need to understand and consider strategies to address this crisis. The authors break it down into four major sections:

  • Introduction and overview
  • Risks and opportunities
  • An overview of the study areas and case studies highlighting solutions that have helped in other parts of the country
  • Policy and action considerations

Partial List of Policy Recommendations

In the policy and action considerations section, the report makes many recommendations to protect and support vulnerable families. Below, a partial list:

  • Establish a housing trust fund for housing recovery
  • Inventory available developable land outside of the floodway
  • Establish a privately-funded strike fund to assist affordable housing developers and preserve existing affordable housing
  • Establish a Transfer of Development Rights (TDR) program to limit floodplain development
  • Leverage Local housing Authority’s tax-exempt status to initiate projects
  • Encourage limited equity cooperatives as an alternative for multi-family residences in need of repair or under bad ownership
  • Encourage transit oriented development
  • Create Opportunity Zones outside of floodplains.
  • Encourage a community land trust model
  • Bolster incentives to encourage development outside the floodplain
  • Creating an eviction protection program.
  • Expanding the number of housing choice vouchers and preventing discrimination against users. 
  • Alerting residents of flood risk. 
  • Implementing a more streamlined system of inspection and permitting that prioritizes rehabilitation of multi-family units. 

For More Information

The 108-page report is richly illustrated with maps and charts that give both policy makers and concerned residents hard information with which to build sound policy. It contains so much meat, it’s hard to summarize.

This is not light reading, but it will help illustrate the problems that half the people in the City and County face.

To download and read the full text, click here. Warning: 50 meg PDF.

One Wish…Rely Less on Statistics

My one wish after reading this? The authors should have used more photography to illustrate the problems; they over-rely on statistics in my opinion. Having done a fair amount of documentary photography myself, I understand how difficult this is. But until people have actually seen the living conditions many are forced to endure, they won’t truly understand the problem.

Years ago, I studied poverty in a Chicago neighborhood called Uptown from 1973-1977 – between the two OPEC oil embargoes. I was trying to understand the effect they had on people. Forty years later, I can’t remember a single statistic from those days. But I can’t forget the image below. This young, shoeless boy was fishing through trash cans looking for soda bottles to redeem so that he could get money to eat. To encourage recycling, soda bottles had a nickel deposit in those days. Behind him: the affordable multi-family housing where he lived.

“Bottle Boy” from Uptown: Portrait of a Chicago Neighborhood in the Mid-1970s . Copyright ©2013 by Bob Rehak.
For more Chicago Uptown images see the BobRehak.com.

Posted by Bob Rehak on March 31, 2019

579 Days since Hurricane Harvey

Juvenile and Nesting Bald Eagles, Plus Other Area Wildlife Photos

Kingwood kayaker and wildlife photographer Emily Murphy has done it again. This time her great eye and quick reflexes captured this juvenile bald eagle flying over the San Jacinto West Fork near where Romerica proposes to build 25-50 story high rises. It’s evidence that eagles are nesting nearby.

Juvenile Bald Eagle photographed flying over the San Jacinto River West Fork by Emily Murphy. Catching birds in flight like this is very difficult. It requires a good eye and very fast reflexes. The equipment Murphy uses in her kayak weighs six to seven pounds, making it difficult to hold and maneuver while on the water.

The absence of white in the chin and cheeks of this eagle suggests it is very young and recently fledged. However, Fred Collins from Harris County Precinct 3, who is director of the Kleb Woods Nature Preserve in Tomball, thinks it is older. Says Klebs, “I think this is last year’s chick. I am fairly confident it is not this year’s hatch because it is molting.”

Regardless, the good news is that we seem to have an active and expanding eagle population on the San Jacinto and in Lake Houston. Below are a couple shots I took in January while on a ride-along with HPD Lake Patrol, graciously arranged by Houston City Council Member Dave Martin. Weather conditions were rough; the boat was pitching wildly. But we still photographed several eagles.

Bald Eagle photographed in Atascocita on Lake Houston from HPD Lake Patrol Boat on 1/31/2019 by Bob Rehak
Nesting Bald Eagle near Walden on Lake Houston. Photographed by Bob Rehak from HPD Lake Patrol Boat on 1/31/2019.

Other Area Wildlife

The Lake, River, swamps and wetlands this time of year teem with nesting birds of many species. Right about now, egrets are pairing up, building nests and laying eggs. So are the roseate spoonbills. Within a few weeks, chicks will hatch and by June, a new generation will be hunting the shorelines. Meanwhile, many other species are migrating through the area about now.

Get out and enjoy the wildlife in our wonderful parks! East End is a favorite location for birders. They have spotted more than 140 species there, including several that are threatened or endangered. Below are several shots that I took in the last two years.

Male great egret returning with stick to build nest. Photo by Bob Rehak.
Roseate Spoonbill in flight. Photo by Bob Rehak.
Female great egret preening on nest. Photo by Bob Rehak.
Great Egret Chicks. Feathers have still not unfurled. Photo by Bob Rehak.
Blue Grosbeak in meadow of East End Park. Photographed by Bob Rehak.
Tricolor Heron. Photo by Bob Rehak.
Black and White. Cormorant and Great Egret. Photo by Bob Rehak.

So grab your binoculars or camera and get out and enjoy this wonderful spring weather. After all, this is why we live here. Kingwood really is the livable forest!

Posted by Bob Rehak on 3/30/2019

578 Days since Hurricane Harvey

Clarification and $2.8 Billion Worth of Good News Regarding Senate Bill 500 and Harvey Funding

I previously reported that Senate Bill 500, an omnibus appropriations bill passed unanimously by the House this week, deleted all funding for the Texas Infrastructure Resiliency Fund (TIRF). However, I should also have clarified that it did NOT delete ALL funding related to Harvey and flooding.

The House deleted the portion of funding related to flood-mitigation while it considers House Bill 13 with its own infrastructure fund. The House DID leave IN approximately $2.8 billion for items not related to flood-mitigation infrastructure improvements, but related to Harvey repairs, reimbursement for extraordinary Harvey expenses, flood health care, and more itemized below. Unless noted otherwise, all expenditures are for fiscal year 2019. These Harvey-related appropriations include the following:

TDEM Matching Funds for FEMA

  • $273,000,000 to the Texas Division of Emergency Management (TDEM) for matching funds for projects sponsored by political subdivisions and approved for the Hazard Mitigation Grant program administered by FEMA 
  • $400 million to TDEM for matching funds for projects sponsored by political subdivisions and approved for the Public Assistance grant program administered by FEMA. 

Health & Human Services and Education

  • $110,000,000 to Health and Human Services for children’s Medicaid expenses
  • $271,300,000 to the Texas Education Agency (TEA) for increased student costs, reduction in school district property values and the reduction of the amount owed by school districts to achieve an equalized wealth level due to disaster remediation costs
  • $634,200,000 to the TEA for adjustment of school district property values and reimbursement to school districts for disaster remediation costs
  • $636,000,000 to TEA for the 2020 state fiscal year
  • $20,288,883 to the University of Houston
  • $4,000,000 to the University of Houston Downtown; 
  • $1,703,828 to the University of Houston – Victoria
  • $83,668 to the University of Houston – Clear Lake
  • $13,100,000 to the Lone Star College System
  • $2,458,239.76 to the Texas A&M Forest Service
  • $1,418,585 to Lamar University;
  • $1,312,657 to Lamar Institute of Technology
  • $6,319,458 to Lamar State College – Port Arthur
  • $406,112 to Lamar State College – Orange
  • $10,200,000 to UT Austin for storm damage

Criminal Justice and DPS

  • $38,6000,000 to the Department of Criminal Justice
  • $34,954,409 to Dept. of Public Safety (DPS) for Strategy A.1.1., Organized Crime; 
  • $60,000,000 to DPS for Strategy C.1.1., Traffic Enforcement
  • $2,000,000 to DPS for Strategy G.1.3., Information Technology

General Land Office

  • $696,921 to the General Land Office (GLO). for Strategy A.2.1., Asset Management
  • $20,459,797 to GLO for Strategy B.1.1., Coastal Management
  • $430,000 to GLO for Strategy B.1.2., Coastal Erosion Control Grant
  • $2,047,454 for Strategy B.2.1., Oil Spill Response
  • $4,217,510 to the GLO for full-time equivalent employees contingent on non-renewal of FEMA funding
  • $2,000,000 from the coastal protection account to the GLO for removal of abandoned vessels

Teas Parks & Wildlife and Workforce Commission

  • $17,000,000 to Parks and Wildlife to repair structures and equipment
  • $8,931,385 to Texas Workforce Commission for vocational rehabilitation services expenses

For More Information

Most of these expenditures will come from the Economic Stabilization (Rainy Day) Fund. For those who wish to learn more and review the exact wording of the House Committee Substitute version of SB500:

Here is the House version of CSSB500.

Here is the House Research Organization’s analysis of the bill.

Here is the House Appropriation Committee’s report on the bill.

Posted by Bob Rehak on March 30, 2019

578 Days since Hurricane Harvey

Placement Area #1 Filling Up Quickly

As dredging on the West Fork of the San Jacinto gets closer and closer to completion, placement area #1 (PA1) is filling up quickly. Callan Marine, the company operating the dredge near Kings Harbor, is pumping its spoils to PA1. PA1 is an old sand pit off Townsend in Humble near North Houston Avenue.

Pipe Big Enough to Hold Two Basketballs Side by Side

I photographed the tail end of their pipeline this morning. The outflow was impressive. Callan uses 20 inch pipe. To put that in perspective, a basketball has a diameter of about 9.5 inches. So two basketballs could go through this pipe side by side with an inch to spare.

Equivalent of Filling Dump Truck Every Minute or Two

Dredgers measure output in cubic yards per hour. The output varies constantly depending on dredging location and conditions. Callan averages between 280 and 600 cy/hr. If the average dump truck holds about 10 cubic yards, that means this pipe could fill up about 30 to 60 dump trucks per hour, or one every minute or two. That explains why they pump via pipeline instead of using dump trucks.

Close up of 20 inch pipeline spewing sand, silt and clay into old sand pit near Townsend and North Houston Avenue in Humble.
Wide shot of same pit shows a little room left for storage near the perimeter in background.

Mouth Bar Update

The Corps expects dredging to complete around May 4. By contract the dredgers then have 30 days to remove their equipment (dredges, pipeline, booster pumps, pontoons, crew boats, etc.) from the river.

That means the deadline is fast approaching to do something about the mouth bar if we want to avoid a remobilization charges for a second job.

This week, according to Houston City Council Member Dave Martin, the City submitted its coring analysis of the mouth bar to FEMA and a storage permit application to the Corps. FEMA and the Corps have not yet approved either.

Mouth bar of the West Fork of the San Jacinto creates a backwater effect that contributes to flooding.

The City reportedly has talked to the dredging companies about delaying demobilization if the City cannot get approval of FEMA funding and a storage permit before the end of dredging.

Posted by Bob Rehak on 3/29/2019

577 Days since Hurricane Harvey

SB500 with Huberty Dredging Amendment Unanimously Approved by House

Unofficially, the vote was 134 – 0. Technically, the vote must still be certified. But I’m not worried.

Texas Capitol Dome from South Entrance

This means that Representative Dan Huberty’s amendment to provide $30 million for West Fork mouth bar dredging passed its second major hurdle. What happens next?

If the Senate agrees with the changes, SB500 will go to the Comptroller and then the Governor. If the Senate does not agree with the changes, it will go to a conference committee and then back to BOTH chambers with final “compromise changes” for a straight up or down vote.

For former political science majors, civics teachers using this as a class lesson, and those who are just plain curious, here’s how the process works. I’m quoting directly from the Legislature’s procedure manual.

Return of a Bill to the Originating Chamber

“After a bill has passed through committee and floor deliberation in the opposite chamber, the bill is sent back to the originating chamber. If the bill was not amended in the opposite chamber, or if it was amended and the originating chamber concurs with the changes, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor. Any bill making an appropriation must be sent to the comptroller of public accounts for certification before going to the governor. If a bill was amended in the opposite chamber and the originating chamber does not concur with the changes, the originating chamber may request the appointment of a conference committee to resolve the differences between the house and senate versions of the bill.”

Conference Committee

“If a conference committee is requested, the presiding officers each chamber appoint five members from their respective chambers to serve on the committee. A conference committee’s charge is limited to reconciling differences between the two chambers, and the committee may not alter, amend, or omit text that is not in disagreement without the adoption of an “out of bounds” resolution by both chambers. The committee also may not add text on any matter that is not in disagreement or that is not included in either version of the bill in question without such a resolution.”

“After the committee has reached an agreement, a report is prepared for submittal to the house and senate. The report must be approved by at least three conferees from each chamber and must contain the text of the bill as approved by the conference committee, a side-by-side analysis comparing the text of the compromise bill to both the house and thesenate versions, an updated fiscal note, and the signatures of those members of the conference committee who approved the report. A conference committee report is not subject to amendment by the house or senate and must be accepted or rejected in its entirety.”

“Should the proposed compromise remain unacceptable to either chamber, it may be returned to the same conference committee for further deliberation, with or without specific instructions, or the appointment of a new conference committee may be requested. Failure of the conference committee to reach agreement kills the bill. If the conference committee report is acceptable to both chambers, the bill is enrolled, signed by both presiding officers in the presence of their respective chambers, and sent to the governor.”

Comptroller’s Review Required

The sentence BOLDED above, refers to Article III, Section 49a of the Texas Constitution. It says that any bill containing an appropriation must go to the Comptroller (before the Governor) to certify that the State has enough money to pay for it.

Article III says, “No bill containing an appropriation shall be considered as passed or be sent to the Governor for consideration until and unless the Comptroller of Public Accounts endorses his certificate thereon showing that the amount appropriated is within the amount estimated to be available in the affected funds. When the Comptroller finds an appropriation bill exceeds the estimated revenue he shall endorse such finding thereon and return to the House in which same originated. Such information shall be immediately made known to both the House of Representatives and the Senate and the necessary steps shall be taken to bring such appropriation to within the revenue, either by providing additional revenue or reducing the appropriation. (Added Nov. 3, 1942; amended Nov. 2, 1999.)”

Both Houses Approved Unanimously and Changes Relatively Minor

So what path will SB500 take? My guess? Both the Senate and the House approved this bill unanimously (31-0 in Senate and 131-0 in House). Also, the changes in the House were relatively minor in the grand scheme of things, The two houses have roughly 5,000 more bills to consider before the end of the session. So I’m betting that the Senate may approve the changes without a conference committee and send the bill straight to the Comptroller. Stay tuned.

Posted by Bob Rehak on 3/28/19

576 Days since Hurricane Harvey

Emily Murphy Photographs Inactive Bald Eagle Nest on Romerica Property from River; Active Nests Likely in Vicinity

Correction: Since posting this story two hours ago, I have spoken with an enforcement officer from US Fish & Wildlife Service. He investigated this particular nest and found no droppings or fish bones around the base of the tree. He said you would expect that if the nest was active. He also said the tree was dead, likely a victim of all the sand deposited by Hurricane Harvey along the river. Finally, he said that bald eagles often establish multiple nests in an area and sometimes switch between them. This nest may have been abandoned when the tree began to die after Harvey. The eagle in the photo may have been revisiting it because it was a good perch for fishing. So I have edited the story to remove all mentions of “apparently active.”

Emily Murphy took the shot below on 3/27/19 from her kayak on the West Fork. It clearly shows a bald eagle and a very large nest.

Bald Eagle and Nest on Romerica Property. Romerica hopes to build a series of high rises within 750 feet of this nest.
Bald Eagle and Nest on Romerica Property. Romerica hopes to build a series of high rises within 750 feet of this nest.

Ironically, I photographed what appears to be the same nest from the river on January 31, 2019 while on a ride-along with HPD Lake Patrol. My shot appears closer than Murphy’s because I took it with a 1000mm super-telephoto lens.

Photo taken by Bob Rehak on 1/31/19 from West Fork of San Jacinto with 1000mm lens. Note the similarity of the bark stripped from tree opposite the nest. GPS coordinates are embedded in the JPEG and virtually identical to Murphy’s.
Location of nest pinpointed and circled below.

The Balcom family, which lives near the river at the western (left) edge of the satellite image above, photographed a pair of bald eagles on their property in December.

Pair of bald eagles outside Balcom residence on River Bend, one mile west of nest site. Photo by Melissa and Jim Balcom.

Boaters, Please Report Sightings

Boaters, please help. Let me know through the contact page on this web site if you see activity in this area. If you see a nest – active or not – do not approach it or disturb the birds in any way. It’s illegal. See below. And do not enter Romerica’s property. That’s trespassing.

Bald and Golden Eagle Protection Act

Although no longer an endangered species, bald eagles are still protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) is a United States federal statute.) The statute protects two species of eagle. According to Wikipedia, the bald eagle was chosen as a national emblem of the United States by the Continental Congress of 1782 and was given legal protection by the Bald Eagle Protection Act of 1940. This act was expanded to include the golden eagle in 1962.[1] 

Since the original Act, the Bald and Golden Eagle Protection Act has been amended several times. It currently prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” bald eagles. Taking is described to include their parts, nests, or eggs, molesting or disturbing the birds. The Act provides criminal penalties for persons who “take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle … [or any golden eagle], alive or dead, or any part, nest, or egg thereof.”[2]

Purpose of Protection Act

The purpose of the Bald and Golden Eagle Protection act is to protect bald and golden eagles from disturbance, abuse, and interference with their lifestyle. That includes sheltering, breeding, feeding, and nesting.[3] 

Posted by Bob Rehak on 3/28/2019

576 Days since Hurricane Harvey

Huberty Amendment to Appropriate Money for Dredging Mouth Bar Passes First of Six Hurdles Today

Five days ago, State Representative Dan Huberty offered an amendment to Senate Bill 500 (SB500). SB500 is the omnibus Senate appropriations bill making its way through the House. It contains appropriations for everything from health care to education to criminal justice and highways and more.

Texas Capitol Building in Austin from the South Grounds

Huberty filed his amendment last week. Below are the steps required for ultimate passage of SB500 and Huberty’s amendment.

First of Three Readings

Each bill passing through the Texas House or Senate goes through three “readings.” The first reading happened when SB500 arrived in the House. House members got their first chance to read the bill in its final form as amended by the Senate.

After the first reading, House members could file amendments of their own. They voted on amendments in the second reading. Tomorrow, if the House follows procedures, all members will get a chance to vote on the SB500, as amended by the House. It’s rare that a non-controversial spending bill like this would be voted down during the third reading. Regardless, tomorrow is the Huberty amendment’s SECOND major hurdle.

Conference Committee Next if Bill Approved

Because differences now exist between the House and Senate versions of the bill, the bill will go to a “conference committee.”

The conference committee will then try to reconcile, compromise on or accept differences in the bills approved by the Senate and House. Surviving the conference committee represents the THIRD major hurdle.

Re-Votes in House and Senate, Then On to Governor

Assuming the amendment is still alive at that point, the conference committee version will go back to both chambers for a final vote. According to rules of the Texas Legislature, the final vote on a conference committee bill must be straight YEA or NAY. Amendments may no longer be offered. Those votes in the House and Senate will represent the FOURTH and FIFTH hurdles.

Obtaining the governor’s signature will be SIXTH.

Next Steps

Next stops:

  • Final vote in the House on March 28
  • Conference committee
  • Re-votes on revised bill in House and Senate
  • Governor’s desk
  • Mouth Bar!

Posted by Bob Rehak on 3/27/2019

575 Days since Hurricane Harvey