1-1  By:  Lewis of Orange, et al. (Senate Sponsor - Brown) H.B. No. 1536
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Natural
    1-4  Resources; May 17, 1995, reported favorably by the following vote:
    1-5  Yeas 10, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the beneficial use of material dredged from the Gulf
    1-9  Intracoastal Waterway.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 4, Texas Coastal Waterway Act of 1975
   1-12  (Article 5415e-2, Vernon's Texas Civil Statutes), is amended by
   1-13  amending Subsections (c)-(e) and adding Subsection (f) to read as
   1-14  follows:
   1-15        (c)  "Commission" means the Texas Transportation <State
   1-16  Highway> Commission.
   1-17        (d)  "Department" means the Texas Department of
   1-18  Transportation.
   1-19        (e)  "Gulf Intracoastal Waterway" means the main channel, not
   1-20  including tributaries or branches, of the shallow draft navigation
   1-21  channel running from the Sabine River southward along the Texas
   1-22  coast to the Brownsville Ship Channel near Port Isabel that is
   1-23  generally referred to as the Gulf Intracoastal Canal.
   1-24        (f) <(e)>  "Person" means any individual, firm, partnership,
   1-25  association, corporation (public or private, profit or nonprofit),
   1-26  trust, or political subdivision or agency of the state.
   1-27        SECTION 2.  Section 5(a), Texas Coastal Waterway Act of 1975
   1-28  (Article 5415e-2, Vernon's Texas Civil Statutes), is amended to
   1-29  read as follows:
   1-30        (a)  This Act shall be administered by the Texas
   1-31  Transportation <State Highway> Commission.
   1-32        SECTION 3.  The Texas Coastal Waterway Act of 1975 (Article
   1-33  5415e-2, Vernon's Texas Civil Statutes) is amended by adding
   1-34  Section 6A to read as follows:
   1-35        Sec. 6A.  BENEFICIAL USE OF DREDGE MATERIAL.  (a)  The
   1-36  commission, through the department, may enter into an agreement
   1-37  with the Department of the Army to participate in the cost of a
   1-38  project to beneficially use material dredged from the Gulf
   1-39  Intracoastal Waterway.
   1-40        (b)  The commission by rule shall establish eligibility
   1-41  criteria for beneficial-use projects.  Beneficial use of dredge
   1-42  material means any productive and positive use of dredge material
   1-43  and covers broad use categories ranging from fish and wildlife
   1-44  habitat development to human recreation and industrial and
   1-45  commercial uses.
   1-46        (c)  The commission, through the department, may acquire an
   1-47  interest in property required for a project to beneficially use
   1-48  dredge material in the manner provided by Section 6(c) of this Act.
   1-49        (d)  Before the department agrees to participate in the cost
   1-50  of a project to beneficially use dredge material that requires the
   1-51  acquisition of an interest in property, the commission shall hold a
   1-52  public hearing on the desirability of the project.  Before holding
   1-53  the hearing, the commission shall publish notice of the date, time,
   1-54  and place of the hearing at least once a week for three successive
   1-55  weeks in a newspaper of general circulation published in the county
   1-56  seat of each county in which the project is located.  If after the
   1-57  hearing the commission determines that the project can be
   1-58  accomplished without unjustifiable waste of publicly or privately
   1-59  owned natural resources and without permanent substantial adverse
   1-60  impact on the environment, wildlife, or fisheries, the department
   1-61  may agree to participate in the cost of the project.
   1-62        SECTION 4.  The importance of this legislation and the
   1-63  crowded condition of the calendars in both houses create an
   1-64  emergency and an imperative public necessity that the
   1-65  constitutional rule requiring bills to be read on three several
   1-66  days in each house be suspended, and this rule is hereby suspended,
   1-67  and that this Act take effect and be in force from and after its
   1-68  passage, and it is so enacted.
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