BILL ANALYSIS S.B. 652 By: Ratliff Natural Resources 03-08-95 Committee Report (Amended) BACKGROUND Texas Utilities (TU) operates powerplants which require maintenance dredging of sand and silt buildup every four or five years to maintain sufficient water flow for cooling. TU is required to annually obtain permits from the Texas Parks and Wildlife Department for the dredging even though the sand and silt is not removed for commercial sale. PURPOSE As proposed, S.B. 652 provides an exemption from sand and gravel permitting requirements to a person who disturbs or takes marl, sand, gravel, shell, or mudshell for noncommercial purposes. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Parks and Wildlife Commission under SECTION 1 (Section 86.0191, Chapter 86, Parks and Wildlife Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 86, Parks and Wildlife Code, by adding Section 86.0191, as follows: Sec. 86.0191. WATER USE PERMIT: EXEMPTION. Requires the Parks and Wildlife Commission, by rule, to exempt from the permit requirements of this chapter a person who disturbs or takes marl, sand, gravel, shell, or mudshell for noncommercial purposes when such disturbances or takings occur for maintenance projects carried out by public utilities. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.