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.