BILL ANALYSIS



S.B. 651
By: RATLIFF (KUEMPEL)
May 4, 1995
Committee Report (Unamended)


BACKGROUND

The federal Surface Mining and Reclamation Act and the Railroad
Commission of Texas (commission) require surface mining operations
to build sedimentation ponds.  Any runoff from a disturbed area
must be directed to a sedimentation pond.  These ponds are
permitted by both the Railroad Commission and the Texas Natural
Resources Conservation Commission (TNRCC).  The purpose of the
TNRCC permit is to control the allocation of state water.  Texas
Utilities is not using or consuming the water, but rather retaining
it for treating runoff.  Exempting surface mining operations from
the TNRCC water use permit would eliminate duplicating regulation.


PURPOSE

As proposed, S.B. 651 authorizes a person to construct and maintain
a reservoir for sediment control as part of a surface coal mining
operation without obtaining a permit.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.


SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.142, Water Code, by adding Subsection
(c), to authorize a person to construct or maintain a sediment
control reservoir as part of a surface coal mining operation under
the Texas Surface Coal Mining and Reclamation Act (Article 5920-11,
V.T.C.S.) without obtaining a permit.

SECTION 2. Effective Date: September 1, 1995.

SECTION 3. Emergency Clause. 


SUMMARY OF COMMITTEE ACTION

S.B. 651 was considered by the Energy Resources Committee in a
public hearing on May 2, 1995. Wade Stansell, representing Texas
Utilities, testified in favor of the bill. No one testified against
the bill. The bill was reported favorably without amendment, with
the recommendation that it do pass and be printed, by a record vote
of 6 ayes, 0 nays, 0 PNV, and 3 absent.