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.