BILL ANALYSIS

 

 

Senate Research Center

S.B. 2126

 

By: Creighton; Buckingham

 

Water & Rural Affairs

 

4/11/2019

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The United States Army Corps of Engineers identified a need for continuous dredging in certain river basins in the State of Texas. Currently, the bureaucracy is over-burdensome for river authorities to contract out for this service. S.B. 2126 will cut red tape and allow river authorities to contract for the removal of material from river basins if it is for the purpose of flood mitigation.

 

As proposed, S.B. 2126 amends current law relating to taking sand, gravel, marl, shell, and mudshell from Texas rivers.

 

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 Chapter 86, Parks and Wildlife Code, by adding Section 86.01915, as follows:

 

Sec. 86.01915. EXEMPTION FOR CERTAIN DISTRICTS. (a) Provides that this section applies only to a conservation and reclamation district created or operating under Section 59 (Conservation and Development of Natural Resources; Development of Parks and Recreational Facilities; Conservation and Reclamation Districts; Indebtedness and Taxation Authorized), Article XVI, Texas Constitution.

 

(b) Authorizes a district to take sand, gravel, marl, shell, or mudshell from any river or tributary to restore, maintain, or expand the capacity of the river and its tributaries to convey storm flows.

 

(c) Provides that a district acting under this section is not required to obtain a permit or pay a fee to take sand, gravel, marl, shell, or mudshell under Subsection (b) or purchase sand, gravel, marl, shell, or mudshell taken under Subsection (b).

 

(d) Authorizes a district acting under this section to deposit sand, gravel, marl, shell, or mudshell taken under Subsection (b) on private land.

 

SECTION 2. Effective date: upon passage or September 1, 2019.