Texas 2019 - 86th Regular

Texas House Bill HB1824 Latest Draft

Bill / Enrolled Version Filed 05/25/2019

                            H.B. No. 1824


 AN ACT
 relating to the sale and taking of sand, gravel, marl, shell, and
 mudshell, including the use of f
 unds collected from the sale of
 those materials and the taking of those materials from the San
 Jacinto River and its tributaries.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 86.017, Parks and Wildlife Code, is
 amended to read as follows:
 Sec. 86.017.  USE OF FUNDS.  (a)  Except as provided by
 Subsection (b), funds [Funds] collected by the commission from the
 sale of marl, sand, gravel, shell, and mudshell may be used for:
 (1)  the enforcement of the provisions of this chapter;
 (2)  [,] the payment of refunds;
 (3)  [, and] the construction and maintenance of fish
 hatcheries; and
 (4)  the enhancement, preservation, and restoration of
 fish habitats in rivers and streams.
 (b)  No less than three-fourths of the proceeds from the sale
 of marl, sand, gravel, shell, and mudshell, after the payment of
 refunds, shall be used for:
 (1)  the construction and maintenance of fish
 hatcheries; and
 (2)  the enhancement, preservation, and restoration of
 fish habitats in rivers and streams.
 SECTION 2.  Chapter 86, Parks and Wildlife Code, is amended
 by adding Section 86.0192 to read as follows:
 Sec. 86.0192.  EXEMPTION FOR CERTAIN POLITICAL
 SUBDIVISIONS. (a)  This section applies only to the following
 political subdivisions:
 (1)  San Jacinto River Authority; and
 (2)  Harris County Flood Control District.
 (b)  A political subdivision may take sand, gravel, marl,
 shell, and mudshell from the San Jacinto River and its tributaries
 to restore, maintain, or expand the capacity of the river and its
 tributaries to convey storm flows.
 (c)  A political subdivision acting under this section is not
 required to:
 (1)  obtain a permit or pay a fee to take sand, gravel,
 marl, shell, or mudshell under Subsection (b); or
 (2)  purchase sand, gravel, marl, shell, or mudshell
 taken under Subsection (b).
 (d)  A political subdivision acting under this section may
 deposit sand, gravel, marl, shell, or mudshell taken under
 Subsection (b) on private land.
 SECTION 3.  This Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 1824 was passed by the House on April
 12, 2019, by the following vote:  Yeas 142, Nays 1, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 1824 on May 23, 2019, by the following vote:  Yeas 140, Nays 1,
 2 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 1824 was passed by the Senate, with
 amendments, on May 16, 2019, by the following vote:  Yeas 31, Nays
 0.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor