Relating to the relocation or removal of dredged spoils or materials by a navigation district, the official text

S.B. No. 1746

AN ACT

relating to the relocation or removal of dredged spoils or

materials by a navigation district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 60, Water Code, is amended

by adding Section 60.1021 to read as follows:

Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR

MATERIALS. (a) In this section:

(1) "Dredged material placement area" means a

federally authorized disposal site for dredged spoils or materials.

(2) "Sole expense" means the actual cost of or an

in-kind contribution for the relocation or removal after deducting

the net salvage value derived from the dredged spoils or materials.

(b) If, in an exercise of the district's powers under this

subchapter, the district's power of eminent domain, or the

district's police power, a district requires the relocation or

removal of dredged spoils or materials from a dredged material

placement area owned, operated, managed, or established by another

district, the district that requires the relocation or removal

shall:

(1) comply with all requirements imposed by the United

States Army Corps of Engineers related to the dredged material

placement area; and

(2) either:

(A) pay at the district's sole expense the cost

of relocating or removing dredged spoils or materials; or

(B) relocate or remove the dredged spoils or

materials.

(c) If the relocation or removal of dredged spoils or

materials under Subsection (b) results in the reduction of another

district's rights to capacity in the dredged material placement

area, the district that required the relocation or removal shall be

obligated to:

(1) replace the affected district's lost capacity and

provide rights to the replaced lost capacity in an alternative

dredged material placement area; and

(2) pay the affected district's increased costs, if

any, to transport the dredged spoils or materials associated with

the lost capacity to the alternative dredged material placement

area described by Subdivision (1).

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1746 passed the Senate on

April 24, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1746 passed the House on

May 2, 2025, by the following vote: Yeas 125, Nays 0, one present

not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor