BILL ANALYSIS



C.S.H.B. 1536
By: Lewis, Ron
04-05-95
Committee Report (Substituted)


BACKGROUND

The department serves as the state's designated nonfederal local
sponsor of the Gulf Coast Intracoastal Waterway in Texas under
Article 5415e-2, V.T.C.S.  Currently, dredged material is disposed
of in easements located immediately adjacent to the dredged site. 
If these easements are full or present an adverse environmental
condition, then, at the request of the federal sponsor, the
department must find upland disposal sites.  These sites involve
transporting or pumping the dredged material.

Upland disposal sites are few due to environmental and economical
considerations.  Beneficial use of the dredged material is an
alternative to upland disposal.  This material could be used for
habitat development, beach nourishment, aquaculture, parks and
recreation, agriculture, forestry and horticulture, strip mine
reclamation and erosion control, construction and industrial use,
material transfer, and other purposes.  Under certain
circumstances, beneficial use could be less expensive than
procuring upland sites.  The department lacks the express statutory
authority to participate in beneficial use projects.

PURPOSE

This bill is intended to authorize the department to participate in
beneficial use dredging disposal projects.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.  However, in SECTION 3,
Subsection 6A, the commission by rule shall establish eligibility
criteria for the beneficial use of dredge material.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Subsection (c)-(e) Article 5415e-2, section 4 of
V.T.C.S. to define "Department" means the Texas Department of
Transportation.

SECTION 2: Section 5(a), Texas Coastal Waterway Act of 1975 Article
5415e-2, V.T.C.S. is amended to read as follows: (a) This Act shall
be administered by the Texas Transportation Commission.

SECTION 3: The Texas Coastal Waterway Act of 1975 (Article 5415e-2,
Vernon's Texas Civil Statutes) is amended by adding Section 6A. 
Sec. 6A (a) The commission, through the department, may
beneficially use material dredged for the Gulf Intracoastal
Waterway.  The Commission by rule shall establish eligibility
criteria for the beneficial use of dredged material.  The use of
dredge material for development of fish and wildlife habitat or for
a recreational, industrial, or commercial purpose is a beneficial
use.

(b) may enter into an agreement with the United States Department
of the Army to share the cost of a project.

(c) may acquire an interest in property required for a project to
beneficially use dredge material.

(d) The Commission shall hold a public hearing on the desirability
of the project.

SECTION 4.  Emergency clause and effective date upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The Committee substitute to H.B. 1536 adds SECTION 3 to the
introduced version of the bill.  Beneficial use is defined in
Subsection 6A of the bill.  

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on March 16, 1995, at 5:53 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, March 22, 1995 at 2:00 p.m. in Room E1.014 of the
Capitol Extension and was called to order at 6:54 p.m. after the
rules were suspended on the House floor to meet in public hearing
after the posted time, by the Chair, Representative Clyde
Alexander.  The Chair laid out H.B. 1536 and recognized
Representative Ron Lewis to explain H.B. 1536.  The Chair
recognized the following person to testify in favor of H.B. 1536. 
William Woodruff, Texas Waterways Operators Association and Coastal
Towing, Inc.  The Chair recognized the following person who was
neutral on H.B. 1536.  Tom Griebel, Texas Department of
Transportation.  The Chair left H.B. 1536 pending before the
Committee.  Pursuant to a public notice posted on March 30, 1995 at
6:02 p.m., the House Committee on Transportation met in a public
hearing on Wednesday, April 5, 1995 at 2:00 p.m. or upon
adjournment, in room E1.014 of the Capitol Extension and was called
to order at 6:30 p.m. by the Chair, Representative Clyde Alexander
after the House recessed.  The Chair laid out H.B. 1536 by Lewis,
R., which was pending before the Committee.  Representative Bosse
laid out the Committee substitute to H.B. 1536, and without
objection, the substitute was adopted.  Representative Bosse moved
that the Committee report H.B. 1536, as substituted, to the full
House with the recommendation that it do pass.  The motion
prevailed by the following vote: Ayes (6), Nayes (0), Absent (3),
Present not voting (0).