77R11988 MTB-F                           
         By Kuempel                                            H.B. No. 2684
         Substitute the following for H.B. No. 2684:
         By Turner of Coleman                              C.S.H.B. No. 2684
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Texas Transportation Commission to
 1-3     acquire certain protected property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 51.005, Transportation Code, is amended by
 1-6     amending Subsection (b) and adding Subsection (d) to read as
 1-7     follows:
 1-8           (b)  The commission may not:
 1-9                 (1)  acquire oil, gas, sulphur, or other minerals that
1-10     may be recovered without using the surface of land acquired by the
1-11     commission for exploration, drilling, or mining purposes; [or]
1-12                 (2)  condemn any submerged public land under the
1-13     jurisdiction of the School Land Board; or
1-14                 (3)  acquire property, before September 1, 2005, for
1-15     use as a disposal site for dredged material from the Laguna Madre
1-16     if the property, on October 1, 1997, was subject to a habitat
1-17     conservation plan.
1-18           (d)  In this section, "habitat conservation plan" has the
1-19     meaning assigned by Section 83.011, Parks and Wildlife Code.
1-20           SECTION 2. (a)  The House Committee on Land and Resource
1-21     Management shall conduct an interim study on placement and use
1-22     options for dredged material from the Gulf Intracoastal Waterway,
1-23     including:
1-24                 (1)  open and contained bay placement;
 2-1                 (2)  upland placement;
 2-2                 (3)  placement in the Gulf of Mexico;
 2-3                 (4)  placement to maintain, expand, or enhance dredged
 2-4     material islands;
 2-5                 (5)  other placement and use options providing
 2-6     environmental, recreational, economic, or other benefits; and
 2-7                 (6)  a determination on whether differences in the
 2-8     composition of the dredged material or other factors require
 2-9     different placement or use policies for different reaches of the
2-10     Gulf Intracoastal Waterway.
2-11           (b)  Not later than November 1, 2002, the House Committee on
2-12     Land and Resource Management shall report its findings and
2-13     recommendations to the speaker of the house of representatives and
2-14     the legislature.
2-15           (c)  This section expires on November 2, 2002.
2-16           SECTION 3. This Act takes effect September 1, 2001.