HB 2954 seeks to establish clear procedures for the relocation or removal of dredged spoils or materials by navigation districts in Texas. The bill amends Subchapter E, Chapter 60 of the Texas Water Code by adding Section 60.1021, which sets out new requirements when a district mandates the movement of dredged materials from a designated dredged material placement area that is owned, operated, managed, or established by another district.
Under the bill, any district requiring such relocation or removal must first comply with all applicable regulations of the U.S. Army Corps of Engineers. Additionally, the district must either bear the full cost of the relocation or perform the relocation itself at its own "sole expense," defined to account for any salvage value recovered from the materials. Importantly, if the relocation diminishes the original district’s rights to capacity within the placement area, the responsible district must provide replacement capacity in an alternative site and cover any increased transportation costs associated with the change.
The legislation ensures that navigation districts cannot unilaterally burden others without assuming full responsibility for the financial and logistical consequences. It promotes fairness, efficiency, and accountability in the management of Texas waterways and ports.
The originally filed version of HB 2954 was narrowly focused. It simply required that when a navigation district, using its powers under the Water Code, eminent domain, or police powers, demanded the relocation or removal of dredged spoils or materials, it must either pay the cost at its "sole expense" or undertake the relocation itself. "Sole expense" was defined to mean the actual cost after accounting for any salvage value. The bill contained no additional duties or procedural conditions beyond these basic financial responsibilities.
In contrast, the Committee Substitute version significantly expands the bill’s structure and protections. It introduces detailed definitions, including a specific reference to "dredged material placement areas" as federally authorized sites. Additionally, it imposes a requirement that any district requiring relocation must comply with regulations established by the U.S. Army Corps of Engineers. A major new feature is the protection of other districts' rights: if the relocation or removal diminishes another district's capacity in a dredged material placement area, the responsible district must replace the lost capacity and reimburse any increased costs for transporting dredged materials to a new location.
Overall, the substitute transforms HB 2954 from a simple cost-bearing requirement into a much more comprehensive framework aimed at ensuring fairness among navigation districts, compliance with federal standards, and protection of operational capacity. It reflects a more careful balancing of district responsibilities and intergovernmental cooperation than the original, narrowly tailored version.