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.