1-1 By: Patterson S.B. No. 999
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 10, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 10, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 999 By: Brown
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the prevention and mitigation of coastal erosion.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 33.602, Natural Resources Code, is
1-26 amended by adding Subsections (c) through (e) to read as follows:
1-27 (c) The commissioner shall request the use of beach quality
1-28 sand dredged in constructing and maintaining navigation inlets and
1-29 channels for placement on coastal beaches in coordination with the
1-30 secretary of the United States Army.
1-31 (d) The commissioner shall request the secretary of the
1-32 United States Army to implement structural and nonstructural
1-33 measures to prevent or mitigate shore damage attributable to
1-34 federal navigation works. The land office shall coordinate the
1-35 requests with local governments that agree to operate or maintain
1-36 the prevention or mitigation measures.
1-37 (e) Material excavated or dredged from the beds of
1-38 navigation channels of the state may not be removed permanently
1-39 from the active near shore, beach, or inlet shoal system unless the
1-40 commissioner determines that no practical alternative exists. The
1-41 commissioner by rule shall provide that available and appropriate
1-42 dredged materials shall be used to prevent or mitigate coastal
1-43 erosion, if practicable. The commissioner shall request the
1-44 disposal of dredged materials on beaches of the Gulf of Mexico
1-45 proximate to the dredging operation or in shallow active near shore
1-46 areas if the disposal is:
1-47 (1) environmentally acceptable, considering
1-48 contamination of sands or waters and marine life; and
1-49 (2) compatible with other uses of the beach.
1-50 SECTION 2. Subchapter H, Chapter 33, Natural Resources Code,
1-51 is amended by adding Section 33.605 to read as follows:
1-52 Sec. 33.605. BEACH NOURISHMENT MATERIAL SOURCES DATA AND
1-53 RESEARCH. The land office, in cooperation with coastal counties,
1-54 the United States Army Corps of Engineers, and The University of
1-55 Texas Bureau of Economic Geology, shall:
1-56 (1) collect, store, and make available information on
1-57 known sources of material suitable for beach nourishment; and
1-58 (2) identify necessary research on the beneficial uses
1-59 of material dredged in navigation channel projects, including:
1-60 (A) placement on eroded or eroding beaches;
1-61 (B) near shore dumping by split hull dredges;
1-62 (C) building dunes; and
1-63 (D) methods of disposing of dredged materials so
1-64 that the material is accessible for beneficial use.
1-65 SECTION 3. The Commissioner of the General Land Office shall
1-66 adopt rules as provided by Subsections (c) through (e), Section
1-67 33.602, Natural Resources Code, as added by this Act, not later
1-68 than September 30, 1993.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.
2-8 * * * * *
2-9 Austin,
2-10 Texas
2-11 May 10, 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on Natural Resources to which was referred S.B.
2-16 No. 999, have had the same under consideration, and I am instructed
2-17 to report it back to the Senate with the recommendation that it do
2-18 not pass, but that the Committee Substitute adopted in lieu thereof
2-19 do pass and be printed.
2-20 Sims,
2-21 Chairman
2-22 * * * * *
2-23 No witnesses appeared on S.B. No. 999.