BILL ANALYSIS



C.S.H.B. 1823
By: Bosse
April 20, 1995
Committee Report (Substituted)


BACKGROUND

Chapter 86, Parks and Wildlife Code, gives the Parks and Wildlife
Commission authority 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 freshwater areas of the
state.  The current rules do not allow the Commission discretion to
exercise flexibility in the regulatory process on these issues.

PURPOSE

C.S.H.B. 1823 would allow the Commission to authorize activities
under this Chapter that would not require individual permits and
allows the Commission to delegate authority to grant uncontested
permits to the Executive Director.

RULEMAKING AUTHORITY

It is the committee's opinion that additional rulemaking authority
is expressly granted to the Texas Parks and Wildlife Commission in
SECTION 2 (Sec. 86.007); SECTION 4 (Sec. 86.020); and SECTION 5
[Sec. 86.021(a)] of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Section 86.004, Parks and Wildlife Code, to add
"wildlife" and impacts to riverbed or water quality to those items
to be considered in assessing potential damage or injurious effects
of marl, sand, gravel, shell or mudshell removal.

SECTION 2:  Amends Section 86.007, Parks and Wildlife Code, to
allow the commission to establish conditions by which it may
authorize activities without the requirement of an individual
permit.

SECTION 3:  Amends Section 86.011, Parks and Wildlife Code, to
allow the Commission to delegate the authority to grant uncontested
permits to the Executive Director.

SECTION 4:  Amends Section 86.020, by providing guidelines for when
commission may adopt rules to govern.

SECTION 5:  Amends Chapter 86, Parks and Wildlife Code, by adding
Sections 86.021 - 86.027.

     Sec. 86.021.  Subsections (a) and (b) provide for projects
that may be exempted from any      permit requirements.  Subsection
(c) is added to provide for coop studies and      reimbursements. 

     Sec. 86.022.  Provides a penalty.

     Sec. 86.023.  Provides a liability for value of materials
taken.

     Sec. 86.024.  Provides for civil penalties.

     Sec. 86.025.  Provides for enforcement if a person has
violated, is violating, or is      threatening to violate this
chapter.  Allows for a suit for injunctive relief to be filed.

     Sec. 86.026.  Provides for joint and several liability.

     Sec. 86.027.  Allows for both civil and criminal prosecution.

SECTION 6: Effective date.

SECTION 7: Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute added language to allow an exemption to be extended
to public road projects contracted by TxDOT, which was not provided
in the original bill.  Sec. 86.021(b) (3) was reworded in the
substitute, so that it conformed with language in H.B. 1318.  In
the substitute, subsection (c) was added to Sec. 86.021, to provide
for coop studies and reimbursements.

SUMMARY OF COMMITTEE ACTION

H.B. 1823 was considered by the Committee on State Recreational
Resources in a public hearing on April 12, 1995.

The following person testified in favor of the bill:
     B.L. Parker representing Sand Supply Inc.

The following person testified neutrally on the bill:
     Catherine Livingston representing Texas Parks and Wildlife
Department.

The committee considered a complete substitute for the bill.

The substitute was adopted without objection.

H.B. 1823 as substituted, was left pending.

H.B. 1823 was considered by the Committee on State Recreational
Resources in a formal meeting on April 20, 1995.

The vote by which a complete committee substitute to H.B. 1823 was
adopted was reconsidered without objection.

The committee considered a complete committee substitute for the
bill.

One amendment was offered to the substitute.

One of those amendments was adopted without objection.

The substitute as amended was adopted without objection.

The chair directed the staff to incorporate the amendment into the
substitute.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.