By:  Brown                                            S.B. No. 1041
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the beneficial use of material dredged from the Gulf
    1-2  Intracoastal Waterway.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 4, Coastal Waterway Act of 1975 (Article
    1-5  5415e-2, Vernon's Texas Civil Statutes), is amended to read as
    1-6  follows:
    1-7        Sec. 4.  As used in this chapter:
    1-8        (a)  "Beneficial use" means all productive and positive use
    1-9  of dredged material, which covers broad use categories ranging from
   1-10  fish and wildlife habitat development, to human recreation, to
   1-11  industrial and commercial uses.
   1-12        (b) <(a)>  "Coastal public lands" means all or any portion of
   1-13  the state-owned submerged land, the waters overlying those lands,
   1-14  and all state-owned islands or portions of islands that may be
   1-15  affected by the ebb and flow of the tide.
   1-16        (c) <(b)>  "Coastal marshes and similar areas" means those
   1-17  soft, low-lying watery or wet lands and drainage areas in the
   1-18  coastal areas of the state which may or may not be subject to the
   1-19  ebb and flow of the tide but which are of ecological significance
   1-20  to the environment and to the maintenance, preservation, and
   1-21  enhancement of wildlife and fisheries.
   1-22        (d) <(c)>  "Commission" means the Texas Transportation <State
   1-23  Highway> Commission.
    2-1        (e) <(d)>  "Gulf Intracoastal Waterway" means the main
    2-2  channel, not including tributaries or branches, of the shallow
    2-3  draft navigation channel running from the Sabine River southward
    2-4  along the Texas coast to the Brownsville Ship Channel near Port
    2-5  Isabel that is generally referred to as the Gulf Intracoastal
    2-6  Canal.
    2-7        (f) <(e)>  "Person" means any individual, firm, partnership,
    2-8  association, corporation (public or private, profit or nonprofit),
    2-9  trust, or political subdivision or agency of the state.
   2-10        SECTION 2.  Section 6, Coastal Waterway Act of 1975 (Article
   2-11  5415e-2, Vernon's Texas Civil Statutes), is amended by adding
   2-12  Subsection (c-1) and amending Subsection (g) to read as follows:
   2-13        (c-1)  Subject to funding limitations, the commission may,
   2-14  through the Texas Department of Transportation, enter into
   2-15  agreements with the Department of the Army for the participation in
   2-16  the cost of projects providing for the beneficial use of dredged
   2-17  material from the Gulf Intracoastal Waterway.  The commission shall
   2-18  adopt rules establishing eligibility criteria for beneficial use
   2-19  projects.
   2-20        (g)  Prior to approval or implementation by the commission of
   2-21  any plan or project for acquisition or acquisition of any property
   2-22  or interest in property for any dredge material disposal site, or
   2-23  for the widening, relocation, or alteration of the main channel of
   2-24  the Gulf Intracoastal Waterway which requires the acquisition of
   2-25  any additional property or interest in property, to satisfy federal
    3-1  local sponsor requirements, or for any beneficial use project which
    3-2  requires the acquisition of any property or interest in property,
    3-3  the commission shall hold public hearings for the purpose of
    3-4  receiving evidence and testimony concerning the desirability of
    3-5  such proposed dredge material disposal site and of any such
    3-6  widening, relocation, or alteration of the main channel of the Gulf
    3-7  Intracoastal Waterway, or of such beneficial use project, prior to
    3-8  which hearing the commission shall publish notice of such plan,
    3-9  project, and hearing, at least once a week for three successive
   3-10  weeks in a newspaper of general circulation published in the county
   3-11  seat of each county in which any such proposed dredge material
   3-12  disposal site or part thereof is located and in which the channel
   3-13  or any portion of the channel of the Gulf Intracoastal Waterway to
   3-14  be widened, relocated, or altered is located, or in which such
   3-15  beneficial use project is located, of the date, time, and place of
   3-16  such hearing.  If after such public hearing the commission shall
   3-17  determine that such proposed dredge material site plan or project
   3-18  or such proposed plan or project for widening, relocation, or
   3-19  alteration of the main channel of the Gulf Intracoastal Waterway,
   3-20  or beneficial use project, as the case may be, can be accomplished
   3-21  without unjustifiable waste of publicly or privately owned natural
   3-22  resources and without permanent substantial adverse impact on the
   3-23  environment, wildlife, or fisheries, the commission may then, upon
   3-24  its approval of such plan or project, proceed to implement such
   3-25  plan or project and acquire, in such manner as is provided in
    4-1  Section 6(c) of this Act, any such additional property or interest
    4-2  in property necessary for such beneficial use project, or to
    4-3  satisfy federal local sponsorship requirements for implementation
    4-4  of such plans for such dredge material site or for such widening,
    4-5  relocation, or alteration of the main channel of the Gulf
    4-6  Intracoastal Waterway.
    4-7        SECTION 3.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended,
   4-12  and that this Act take effect and be in force from and after its
   4-13  passage, and it is so enacted.