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.