SRC-TAG H.B. 1231 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1231
78R9230 EBy: Geren (Lucio)
Natural Resources
4/29/2003
Engrossed


DIGEST AND PURPOSE 

The House Committee on Land and Resource Management conducted an interim
study regarding the Gulf Coast Intracoastal Waterway's (GCIW) disposal of
dredged material and based on the finding, the committee's report on GCIW
set forth certain recommendations.  H.B. 1231amends the Transportation
Code to reflect certain recommendations of the interim study conducted by
the House Land and Resource Management Committee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.003, Transportation Code, sets forth the
purpose of this Act. 

SECTION 2.  Amends Sections 51.005(a) and (b), Transportation Code, to
authorize the Texas Transportation Commission (TTC) to acquire by gift,
purchase, or condemnation property or an interest in property that TTC
considers necessary to enable it to meet its responsibilities under this
chapter, including, except as provided by Subsection (b)(3), easements and
rights-of-way for dredge material disposal sites or channel alteration. 

 (b)  Prohibits TTC from taking certain actions.

SECTION 3.  Amends Chapter 51, Transportation Code, by adding Sections
51.012, 51.013, and 51.014, as follows: 
 
Sec. 51.012.  CONTRACTS WITH LANDOWNERS.  Authorizes TTC to contract with
a landowner for the use of land as a disposal site for dredged material. 

Sec.  51.013.  DREDGED MATERIAL DISPOSAL.  Requires the Texas Department
of Transportation  (TxDOT) to condemn land for disposal of dredged
material for the Laguna Madre section of the Gulf Coast Intracoastal
Waterway only in accordance with the Draft Laguna Madre GIWW Dredged
Material Management Plan prepared by the Army Corps of Engineers and the
Interagency Coordination Team dated October 11, 2002. 

Sec.  51.014.  SUBSTANTIVE CHANGES TO DREDGED MATERIAL DISPOSAL PLAN.
Requires TxDOT to seek approval of the legislature for any substantive
changes to dredged material disposal management made in the final Laguna
Madre GIWW Dredged Material Management Plan once the plan is published. 

SECTION 4.  Repealer: Section 51.005(d), Transportation Code (regarding
land acquisition). 

SECTION 5.  Effective date: September 1, 2003.