SUBCHAPTER C.  POWERS AND DUTIES

Sec. 9502.0301.  GENERAL DISTRICT POWERS.  (a)  Except as otherwise provided by this section, the district may:
(1)  establish, construct, extend, maintain, operate, or improve a coastal barrier or storm surge gate in the manner provided by Chapter 571, Local Government Code, for a county to establish, construct, extend, maintain, or improve a seawall;
(2)  exercise the authority granted to counties to conduct any project described by Chapter 571, Local Government Code;
(3)  establish, construct, and maintain recreational facilities for public use and environmental mitigation facilities related to a project described by Subdivision (1) or (2);
(4)  establish, construct, maintain, or operate a project recommended in the ecosystem restoration report or the protection and restoration study; and
(5)  provide interior drainage remediation or improvements to reduce additional flood risk for a project recommended in the ecosystem restoration report where additional flood risk results from the design or construction of a project described by Subdivision (1), (2), or (4).
(b)  Sections 571.006, 571.007, 571.008, 571.009, and 571.010, Local Government Code, do not apply to the district.
(c)  Before implementing a project described by Subsection (a), the district shall consult with local, state, and federal entities to determine whether an environmental remediation response action is anticipated or located near or at the proposed location of the project.
(d)  If implementation of a project described by Subsection (a) disrupts, wholly or partly, an ongoing or planned environmental remediation response action, the district shall:
(1)  consult with the responsible party of the environmental remediation response action; and
(2)  coordinate implementation of the project in a manner that does not disrupt the environmental remediation response action.
(e)  If implementation of a project described by Subsection (a) disrupts, wholly or partly, the operations of or requires the use of property owned by a port authority, navigation district, or drainage district the district shall:
(1)  consult with the authority or district, as applicable;
(2)  consider reasonable changes in the project to mitigate the effects of the project on the operations or property, including changes proposed by the authority or district, as applicable; and
(3)  consider reasonable changes in the implementation of the project requested by the authority or district, as applicable, to mitigate the effects of the project on the operations or property.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 552 (H.B. 5409), Sec. 4, eff. June 10, 2023.