HBA-NLM S.B. 707 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 707
By: Carona
State Recreational Resources
3/29/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Parks and Wildlife Department requires public
utilities to obtain a permit for construction activities.  An application
must be submitted in order to obtain a permit, and public notice may be
required, depending on whether  the executive director determines that the
activity can be authorized under a general permit or an individual permit.
S.B. 707 exempts certain entities from obtaining a permit for the
construction of new utility lines. In addition, this bill requires public
utilities to make every reasonable effort to use best management practices
established by the Parks and Wildlife Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill
modifies rulemaking authority previously delegated to the Parks and
Wildlife Commission 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, to require the
Parks and Wildlife Commission (commission), by rule, to exempt from permit
and fee requirements relating to disturbances or takings that occur for
construction of new utility lines.  Requires public utilities to make every
reasonable effort to use best management practices established by the
commission.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.