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.