HBA-NIK H.B. 1892 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1892
By: Kuempel
State Recreational Resources
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Parks and Wildlife Department requires public
utilities to obtain a permit for the construction of gas pipeline or fiber
optic cables in state waters.  This includes application submission and
possibly a lengthy public notice process depending on whether or not the
executive director determines that the activity can be authorized  as a
general or an individual permit.  The original purpose of this permitting
process was to ensure that the state recovered any amounts owed from
commercial dredging operators' recovery of sand, gravel, or shell.  Under
the current statute, maintenance activities by public utilities within
existing rights-of-way that do not result in the commercial sale of marl,
sand, or gravel are exempted from permitting requirements.  H.B. 1892
applies the exemption to new construction.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is previously granted to the Texas Parks and Wildlife Commission
is modified in SECTION 1 (Section 86.0191, Parks and Wildlife Code) of this
bill. 

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Section 86.0191, Parks and Wildlife Code, as follows:

Sec. 86.0191.  EXEMPTION.  Requires the Parks and Wildlife Commission
(commission), by rule, to exempt entities from the requirements of this
chapter regarding permits and fees required for disturbing or taking marl,
sand, gravel, shell, and mudshell for noncommercial purposes when such
disturbances or takings occur for maintenance projects or construction of
new utility lines carried out by public utilities. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.