BILL ANALYSIS

S.B. 2196

By: Hancock

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

As Texas' population continues to grow, a key element affecting the sustainability of future development is the availability of construction materials. These materials, including sand, aggregate, crushed rock, and stone, are essential for residential, commercial, industrial, and public infrastructure projects. It is important for the state to be well informed on the availability of these resources. S.B. 2196 seeks to require The University of Texas Bureau of Economic Geology to conduct a study to identify certain information relating to aggregate production operations, including locations that are suitable for such operations, and to develop and maintain a database that maps identified locations.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2196 amends the Education Code to require The University of Texas Bureau of Economic Geology to do the following with respect to aggregate production operations:

· conduct a study to identify locations in Texas suitable for aggregate production operations and existing land uses or planning policies of political subdivisions that could result in such a location becoming incompatible with use as an aggregate production operation;

· develop and maintain a database that is accessible to political subdivisions and that maps locations identified in Texas suitable for aggregate production operations and all active aggregate production operations in Texas; and

· update the study and database not less than once every 10 years.

The bill authorizes the bureau to cooperate with the Texas Commission on Environmental Quality, the Texas Water Development Board, and any other state agency, political subdivision, or university with access to information related to aggregate production operations and federal agencies or private entities as appropriate to fulfill the bill's requirements. The bill requires such an agency, political subdivision, or university to provide the bureau available information on request as necessary to fulfill the bill's requirements.

S.B. 2196 requires the bureau, not later than December 1, 2025, to submit to the legislature a report that contains a summary of the study, a map containing the identified locations of aggregate production operations, and any recommendations for legislative action necessary to facilitate, if appropriate, preservation for aggregate production operations at identified locations, including any recommendations regarding existing land use or planning policies of political subdivisions. Implementation of a provision of this bill by the bureau is mandatory only if a specific appropriation is made for that purpose. The bill authorizes the bureau to accept gifts, grants, and donations from sources other than the state for the purpose of implementing the bill's provisions.

EFFECTIVE DATE

September 1, 2023.