BILL ANALYSIS


                                                        H.B. 1318
                                            By: Kuempel (Ratliff)
                                                Natural Resources
                                                         04-21-95
                              Senate Committee Report (Unamended)
BACKGROUND

Approximately every four to five years, power plants require
maintenance dredging of sand and silt buildup at the intake in
order to maintain sufficient water flow for cooling purposes.  This
material is not dredged for commercial purposes, but the power
plant companies are still required to obtain an annual permit from
the Parks and Wildlife Commission to dredge this buildup.  Chapter
86 of the Parks and Wildlife Code authorizes the commission 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 fresh water areas of the state.

PURPOSE

As proposed, H.B. 1318 requires the Parks and Wildlife Commission
to exempt public utilities from permits and fees required for
disturbing or taking marl, sand, gravel, shell, and mudshell, for
noncommercial purposes when such disturbances or takings occur for
maintenance projects.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Parks and Wildlife Commission under SECTION 1 (Section
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, as follows:

     Sec.  86.0191.  EXEMPTION.  Requires the Parks and Wildlife
     Commission, by rule, to exempt entities from the requirements
     of this chapter regarding permits and fees required for
     disturbing or taking marl, sand, gravel, shell, and mudshell,
     for noncommercial purposes when such disturbances or takings
     occur for maintenance projects carried out by public
     utilities.
     
     SECTION 2.     Effective date: September 1, 1995.

SECTION 3. Emergency clause.