BILL ANALYSIS


                                                         S.B. 651
                                                      By: Ratliff
                                                Natural Resources
                                                         03-08-95
                                     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, without
obtaining a permit, a reservoir for the sole purpose of sediment
control as part of a surface coal mining operation under Article
5920-11, V.T.C.S. (Texas Surface Coal Mining and Reclamation Act).

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.