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).