1-1     By:  Kuempel (Senate Sponsor - Armbrister)            H.B. No. 2684
 1-2           (In the Senate - Received from the House May 4, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; May 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2684               By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the authority of the Texas Transportation Commission to
1-11     acquire certain protected property.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 51.005, Transportation Code, is amended
1-14     by amending Subsection (b) and adding Subsection (d) to read as
1-15     follows:
1-16           (b)  The commission may not:
1-17                 (1)  acquire oil, gas, sulphur, or other minerals that
1-18     may be recovered without using the surface of land acquired by the
1-19     commission for exploration, drilling, or mining purposes; [or]
1-20                 (2)  condemn any submerged public land under the
1-21     jurisdiction of the School Land Board; or
1-22                 (3)  acquire property, before September 1, 2005, for
1-23     use as a disposal site for dredged material from the Laguna Madre
1-24     if the property, on October 1, 1997, was subject to a habitat
1-25     conservation plan.
1-26           (d)  In this section, "habitat conservation plan" has the
1-27     meaning assigned by Section 83.011, Parks and Wildlife Code.
1-28           SECTION 2.  (a)  The House Committee on Land and Resource
1-29     Management shall conduct an interim study on placement and use
1-30     options for dredged material from the Gulf Intracoastal Waterway,
1-31     including:
1-32                 (1)  open and contained bay placement;
1-33                 (2)  upland placement;
1-34                 (3)  placement in the Gulf of Mexico;
1-35                 (4)  placement to maintain, expand, or enhance dredged
1-36     material islands;
1-37                 (5)  other placement and use options providing
1-38     environmental, recreational, economic, or other benefits; and
1-39                 (6)  a determination on whether differences in the
1-40     composition of the dredged material or other factors require
1-41     different placement or use policies for different reaches of the
1-42     Gulf Intracoastal Waterway.
1-43           (b)  Not later than November 1, 2002, the House Committee on
1-44     Land and Resource Management shall report its findings and
1-45     recommendations to the speaker of the house of representatives and
1-46     the legislature.
1-47           (c)  This section expires on November 2, 2002.
1-48           SECTION 3.  If the department is prohibited, by a federal
1-49     study issued prior to January 1, 2002 and filed by the department
1-50     with the House Committee on Land and Resource Management by January
1-51     15, 2002, from using open water disposal methods for Laguna Madre
1-52     dredge spoils, Section 51.005 (b)(3) expires on September 1, 2003.
1-53           SECTION 4.  This Act takes effect September 1, 2001.
1-54                                  * * * * *