Texas 2019 - 86th Regular

Texas House Bill HB2805 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2805
	1	+	By: Darby (Senate Sponsor - Flores) H.B. No. 2805
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 15, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to regulations for taking marl, sand, gravel, shell, or
6	12		mudshell.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 86.003, Parks and Wildlife Code, is
9	15		amended by adding Subsection (c) to read as follows:
10	16		(c) The commission shall prescribe a single application
11	17		form for an individual or general permit. The form must require
12	18		individual and general permit applicants to provide the same
13	19		information, including information regarding:
14	20		(1) the publication of notice in:
15	21		(A) the daily or weekly newspaper with the
16	22		greatest circulation in the county or counties affected by the
17	23		issuance of the permit for three consecutive days, if daily; and
18	24		(B) one newspaper published for the community
19	25		closest to the proposed area of disturbance, if any;
20	26		(2) proof that notice was sent by certified mail to
21	27		alongshore property owners of property one river mile above and
22	28		below the proposed area of disturbance described in the permit;
23	29		(3) a sedimentation impact assessment approved by the
24	30		department; and
25	31		(4) any amendments to the permit, if the application
26	32		is for the renewal of a permit.
27	33		SECTION 2. Section 86.006, Parks and Wildlife Code, is
28	34		amended by adding Subsection (d) to read as follows:
29	35		(d) A general permit issued under this chapter has a maximum
30	36		term length of one year.
31	37		SECTION 3. Chapter 86, Parks and Wildlife Code, is amended
32	38		by adding Section 86.0105 to read as follows:
33	39		Sec. 86.0105. REMOVAL REPORT. A person holding a permit
34	40		issued under this chapter shall deliver to the department a report
35	41		stating how much marl, sand, gravel, shell, or mudshell was removed
36	42		during the term of the permit. The commission shall adopt rules
37	43		regarding the delivery and format of the report.
38	44		SECTION 4. Section 86.021, Parks and Wildlife Code, is
39	45		amended by adding Subsection (b-1) to read as follows:
40	46		(b-1) In this subsection, "unconsolidated sedimentary
41	47		material" means loose gravel, sand, or other sedimentary material
42	48		that has been transported by the flow of the watercourse. The term
43	49		does not include solid bedrock or earthen banks. A project results
44	50		in an insignificant taking or disturbance of marl, sand, gravel,
45	51		shell, or mudshell for purposes of Subsection (b)(1) if:
46	52		(1) the project is noncommercial;
47	53		(2) the project takes or disturbs less than 125 cubic
48	54		yards of dry unconsolidated sedimentary material within a 12-month
49	55		period;
50	56		(3) the project occurs within an on-channel
51	57		impoundment created by a dam originally constructed on or before
52	58		December 31, 1955, and the dam crest has not been increased in
53	59		height by more than six inches since initial construction; and
54	60		(4) the taking or disturbance of unconsolidated
55	61		sedimentary material does not occur outside of the impoundment in
56	62		areas above dam crest elevation.
57	63		SECTION 5. (a) Section 86.003(c), Parks and Wildlife Code,
58	64		as added by this Act, applies only to a permit application for the
59	65		taking of marl, sand, gravel, shell, or mudshell that is filed with
60	66		the Parks and Wildlife Department on or after the effective date of
61	67		this Act. A permit application for the taking of marl, sand,
62	68		gravel, shell, or mudshell filed before the effective date of this
63	69		Act is governed by the law in effect when the permit application was
64	70		filed, and the former law is continued in effect for that purpose.
65	71		(b) Sections 86.006(d) and 86.0105, Parks and Wildlife
66	72		Code, as added by this Act, apply only to a permit for the taking of
67	73		marl, sand, gravel, shell, or mudshell issued on or after the
68	74		effective date of this Act. A permit for the taking of marl, sand,
69	75		gravel, shell, or mudshell issued before the effective date of this
70	76		Act is governed by the law in effect when the permit was issued, and
71	77		the former law is continued in effect for that purpose.
72	78		SECTION 6. This Act takes effect September 1, 2019.
73		-	______________________________ ______________________________
74		-	President of the Senate Speaker of the House
75		-	I certify that H.B. No. 2805 was passed by the House on April
76		-	26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not
77		-	voting.
78		-	______________________________
79		-	Chief Clerk of the House
80		-	I certify that H.B. No. 2805 was passed by the Senate on May
81		-	22, 2019, by the following vote: Yeas 31, Nays 0.
82		-	______________________________
83		-	Secretary of the Senate
84		-	APPROVED: _____________________
85		-	Date
86		-	_____________________
87		-	Governor
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