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.