H.B. No. 2805
AN ACT
relating to regulations for taking marl, sand, gravel, shell, or
mudshell.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.003, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission shall prescribe a single application
form for an individual or general permit. The form must require
individual and general permit applicants to provide the same
information, including information regarding:
(1) the publication of notice in:
(A) the daily or weekly newspaper with the
greatest circulation in the county or counties affected by the
issuance of the permit for three consecutive days, if daily; and
(B) one newspaper published for the community
closest to the proposed area of disturbance, if any;
(2) proof that notice was sent by certified mail to
alongshore property owners of property one river mile above and
below the proposed area of disturbance described in the permit;
(3) a sedimentation impact assessment approved by the
department; and
(4) any amendments to the permit, if the application
is for the renewal of a permit.
SECTION 2. Section 86.006, Parks and Wildlife Code, is
amended by adding Subsection (d) to read as follows:
(d) A general permit issued under this chapter has a maximum
term length of one year.
SECTION 3. Chapter 86, Parks and Wildlife Code, is amended
by adding Section 86.0105 to read as follows:
Sec. 86.0105. REMOVAL REPORT. A person holding a permit
issued under this chapter shall deliver to the department a report
stating how much marl, sand, gravel, shell, or mudshell was removed
during the term of the permit. The commission shall adopt rules
regarding the delivery and format of the report.
SECTION 4. Section 86.021, Parks and Wildlife Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In this subsection, "unconsolidated sedimentary
material" means loose gravel, sand, or other sedimentary material
that has been transported by the flow of the watercourse. The term
does not include solid bedrock or earthen banks. A project results
in an insignificant taking or disturbance of marl, sand, gravel,
shell, or mudshell for purposes of Subsection (b)(1) if:
(1) the project is noncommercial;
(2) the project takes or disturbs less than 125 cubic
yards of dry unconsolidated sedimentary material within a 12-month
period;
(3) the project occurs within an on-channel
impoundment created by a dam originally constructed on or before
December 31, 1955, and the dam crest has not been increased in
height by more than six inches since initial construction; and
(4) the taking or disturbance of unconsolidated
sedimentary material does not occur outside of the impoundment in
areas above dam crest elevation.
SECTION 5. (a) Section 86.003(c), Parks and Wildlife Code,
as added by this Act, applies only to a permit application for the
taking of marl, sand, gravel, shell, or mudshell that is filed with
the Parks and Wildlife Department on or after the effective date of
this Act. A permit application for the taking of marl, sand,
gravel, shell, or mudshell filed before the effective date of this
Act is governed by the law in effect when the permit application was
filed, and the former law is continued in effect for that purpose.
(b) Sections 86.006(d) and 86.0105, Parks and Wildlife
Code, as added by this Act, apply only to a permit for the taking of
marl, sand, gravel, shell, or mudshell issued on or after the
effective date of this Act. A permit for the taking of marl, sand,
gravel, shell, or mudshell issued before the effective date of this
Act is governed by the law in effect when the permit was issued, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2805 was passed by the House on April
26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2805 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor