BILL ANALYSIS



H.B. 1318
By: Kuempel
March 1, 1995
Committee Report (Amended)


BACKGROUND

Powerplants, which provide electricity, require cooling water for
their operation.  Approximately every 4 to 5 years, powerplants
require maintenance dredging of sand and silt buildup at the intake
in order to maintain sufficient water flow.  Although the dredged
material is not removed for commercial purposes, the powerplant
company is required to obtain an annual permit from the Parks and
Wildlife Commission.  Chapter 86, Parks and Wildlife Code, gives
the Commission authority to manage, control, and protect marl and
sand of commercial value and all gravel, shell, and mudshell
located within the tidewater limits and within the freshwater areas
of the state.  

PURPOSE

The proposed legislation would authorize the Parks and Wildlife
Commission to exempt, by rule, certain entities from the permitting
requirements of Chapter 86, Parks and Wildlife Code if the
disturbance or taking of marl, sand, gravel, shell, and mudshell is
for non-commercial purposes and occurs while exercising a water
rights use permit.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Parks and Wildlife Commission under SECTION 1 (Sec.
86.0191, Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 86, Parks and Wildlife Code, by adding
Section 86.0191.  Section 86.0191 provides for the commission, by
rule, to exempt entities from the permitting requirements of this
chapter, if the disturbing or taking of marl, sand, gravel, shell,
or mudshell is for non-commercial purposes and occurs while
exercising a water rights use permit.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause


EXPLANATION OF AMENDMENTS

Amends House Bill 1318 to make the language more specific.  It
limits the exemption only to public utilities as they carry out
maintenance projects.

SUMMARY OF COMMITTEE ACTION

H.B. 1318 was considered by the committee in a public hearing on
March 1, 1995.
The following person testified in favor of the bill:
     Mark Stansell representing Texas Utilities.
The committee considered an amendment to the bill.
The amendment was adopted without objection.
The bill was reported favorably as amended with the recommendation
that it do pass and be printed by a record vote of 9 ayes, 0 nays,
0 pnv, 0 absent.