Tag Archive for: State Representative Charles Cunningham

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

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

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

Flooding

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

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

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

State Representative Charles Cunningham from District 127.

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

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

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

Dredging

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

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

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

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

Aggregate Production Operations

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

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

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

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

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

Flood Infrastructure Fund

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

Posted by Bob Rehak on 1/28/25

2709 Days since Hurricane Harvey

Lake Conroe Release Rate at 90% of Harvey

5/2/24 at 4:30 PM – The San Jacinto River Authority (SJRA) is releasing water at the rate of 69,545 cubic feet per second (CFS from Lake Conroe. That’s down a couple thousand from the 71,835 they released earlier this afternoon, the second highest release rate ever – 90% of the all-time record of 79,000 CFS during Hurricane Harvey.

At that rate, NOAA predicted the San Jacinto West Fork at US59 would peak at 62.4 feet. Since then, they’ve reduced that back a bit to 62.2.

However, the level of Lake Conroe is still rising slightly. It stands at 205.13 MSL (mean feet above sea level) as of 4:30 PM.

And local leaders including Houston Mayor John Whitmire, State Rep. Charles Cunningham and City Council Member Fred Flickinger met in Kingwood to plan emergency response with first-responders.

More Rain on Way

The level of Lake Conroe is up significantly since this morning. And another rain storm is headed our way tonight. The National Weather Service predicts a 40% chance of more thunderstorms tonight. Anything that falls will be on top of almost 7 inches of rain received in the Kingwood area earlier today.

Flood watches and warnings remain in effect at the present time. Any new rain will fall onto already saturated soils, resulting in rapid runoff.

SJRA Pushing Up Against Limit

But the SJRA is running out of room. At 207, they flood Lake Conroe homes and endanger the dam, according to Mark Micheletti, an SJRA board member who lives in Kingwood.

Micheletti has demanded that SJRA operators throttle back releases as soon as they stabilize the Lake Conroe’s level. The SJRA hopes to keep a safety margin by not letting the lake level get above 206, but nature, not engineers will make that call.

Meanwhile, the uncertainty has many Kingwood people in panic mode wondering whether they should evacuate. I’ve been deluged (pardon the pun) with requests for information.

Whitmire Visits Kingwood to Plan Flood Response

Houston Mayor John Whitmire came to Kingwood this afternoon to meet with first responders and area leaders. He wanted to personally see the situation and assess what the area needs. He met with Fire Chief Samuel Peña, first responders, State Representative Charles Cunningham and City Council Member Fred Flickinger at Fire Station 102 on West Lake Houston Parkway.

CM Fred Flickinger (center) met with Mayor Whitmire (right), Chief Samuel Peña (left) and other first responders at Fire Station 102 this afternoon on West Lake Houston Parkway.

Peña emphasized the need for vehicles to stay out of high water. The fire department had already made numerous high water rescues today.

State Representative Charles Cunningham (left) also helped plan the emergency response.

At the meeting, Whitmire also said that he had discussed evacuation orders for certain subdivisions with Harris County Judge Lina Hidalgo. After Harvey, “communication with residents” and “warning time” were identified as two of the primary things officials needed to improve.

Current East Fork Predictions and Evacuation Orders

According to Harris County Meteorologist Jeff Lindner, the County has issued evacuation orders for the east side of the East Fork San Jacinto from FM1485 to Lake Houston. (Lake Houston Park is on the west side.) Forecasted water levels will rise 7-8 feet higher than earlier this week. Structures on the ground will be flooded to rooftop levels. Elevated structures will be flooded.

For reference, the forecasted East Fork water level is 3 ft below Harvey.

Impacted subdivisions: 
  • Idle Wilde
  • Idle Glen
  • Cypress Point
  • River Terrace
  • Magnolia Point
  • Northwood Country Estates

Current West Fork San Jacinto Predictions and Warnings

The West Fork is rapidly rising from upstream inflows. It will reach major flood levels and will rise to near 62 ft on Saturday. Widespread low-land flooding will occur impacting the following subdivisions:

  • Belleau Woods
  • Rivercrest
  • Northshore
  • Forest Cove
  • Kings Point
  • Atasocita Shores

In Kingwood, Lindner expects flooding of streets and the lowest structures nearest the river. He also predicts backwater impacts along the tributaries. That means high river levels could force water in channels and tributaries to back up.

The following areas will be completely flooded with several feet of water: Deerwood Country Club, Deer Ridge Park, and Kingwood Country Club.

Elevated residents near the river should be prepared to be cut-off through the weekend.

I have queried HCFCD about the list of subdivisions above. It seems incomplete. But I have not yet heard back.

San Jacinto River Below Lake Houston

Major flooding is expected at all locations along the lower portions of the river.

Rio Villa will be completely inundated and cut-off. 

High velocity flows may damage vessels and barges near I-10.

Flow may approach and potentially reach I-10 on the west side of the river.

Real Time Inundation Monitoring

To monitor what’s going on around you, Harris County Meteorologist Jeff Lindner suggests using the Real-Time Inundation Mapping Tool found in the Harris County Flood Warning System. From the home page, just click “Inundation Map” in the upper left tool bar, then zoom into the area of interest.

As of 4:22 PM on 5/2/24. Note large areas already inundated.

Easy Way to Find the Elevation of Your Home

Don’t know the elevation of your home? Consult this post about how to find it in the USGS National Map.

More updates later. SJRA may issue another statement at 8PM.

Posted by Bob Rehak at 4:30 PM, Thursday, May 2, 2024

2438 Days since Hurricane Harvey