BILL ANALYSIS H.B. 1536 By: Lewis, R. (Brown) Natural Resources 05-18-95 Senate Committee Report (Unamended) BACKGROUND Currently, dredged material is disposed of in easements located adjacent to a dredge site. If the easements are full or present an adverse environmental condition, the federal sponsor may request the Texas Department of Transportation to find an upland disposal site. There are few sites due to environmental and economic considerations. Beneficial use of dredged material is an alternative to upland disposal and can be less expensive. The material can be used for habitat development, parks, and erosion control. The department does not have express statutory authority to participate in beneficial use projects. PURPOSE As proposed, H.B. 1536 authorizes the Texas Department of Transportation to participate in beneficial use projects through the Texas Transportation Commission to dispose of dredged material from the Gulf Intracoastal Waterway. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Transportation Commission under SECTION 3 (Section 6A(b), Article 5415e-2, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4, Article 5415e-2, V.T.C.S. (Coastal Waterway Act of 1975), by amending Subsections (c)-(e) and adding Subsection (f) to redefine "commission" and to define "department." Redesignates existing Subsections (d) and (e) as Subsections (e) and (f). SECTION 2. Amends Section 5(a), Article 5415e-2, V.T.C.S., to require this Act to be administered by the Texas Transportation Commission (commission), rather than the State Highway Commission. SECTION 3. Amends Article 5415e-2, V.T.C.S., by adding Section 6A, as follows: Sec. 6A. BENEFICIAL USE OF DREDGE MATERIAL. (a) Requires the commission, through the Texas Department of Transportation (department), to enter into an agreement with the Department of the Army to participate in the cost of a project to beneficially use material dredged from the Gulf Intracoastal Waterway. (b) Requires the commission, by rule, to establish eligibility criteria for beneficial-use projects (projects). Describes beneficial use of dredged material. (c) Authorizes the commission, through the department, to acquire an interest in property required for a project to beneficially use dredge material in a manner provided by Section 6(c). (d) Requires the commission to hold a public hearing on the desirability of a project before the department agrees to participate in the cost of a project to beneficially use dredge material that requires an acquisition of an interest in property. Requires the commission, before holding the hearing, to publish notice of the date, time, and place of the hearing at least once a week for three consecutive weeks in a newspaper generally circulated in the county seat of each county in which the project is located. Authorizes the department to agree to participate in the cost of the project if the commission determines after the hearing that the project can be accomplished without unjustifiable waste of natural resources and without an adverse impact on the environment, wildlife, or fisheries. SECTION 4. Emergency clause. Effective date: upon passage.