| |
| |
| |
|
|
AN ACT
|
|
|
relating to regulations for taking marl, sand, gravel, shell, or |
|
|
mudshell. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 86.003, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) The commission shall prescribe a single application |
|
|
form for an individual or general permit. The form must require |
|
|
individual and general permit applicants to provide the same |
|
|
information, including information regarding: |
|
|
(1) the publication of notice in: |
|
|
(A) the daily or weekly newspaper with the |
|
|
greatest circulation in the county or counties affected by the |
|
|
issuance of the permit for three consecutive days, if daily; and |
|
|
(B) one newspaper published for the community |
|
|
closest to the proposed area of disturbance, if any; |
|
|
(2) proof that notice was sent by certified mail to |
|
|
alongshore property owners of property one river mile above and |
|
|
below the proposed area of disturbance described in the permit; |
|
|
(3) a sedimentation impact assessment approved by the |
|
|
department; and |
|
|
(4) any amendments to the permit, if the application |
|
|
is for the renewal of a permit. |
|
|
SECTION 2. Section 86.006, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) A general permit issued under this chapter has a maximum |
|
|
term length of one year. |
|
|
SECTION 3. Chapter 86, Parks and Wildlife Code, is amended |
|
|
by adding Section 86.0105 to read as follows: |
|
|
Sec. 86.0105. REMOVAL REPORT. A person holding a permit |
|
|
issued under this chapter shall deliver to the department a report |
|
|
stating how much marl, sand, gravel, shell, or mudshell was removed |
|
|
during the term of the permit. The commission shall adopt rules |
|
|
regarding the delivery and format of the report. |
|
|
SECTION 4. Section 86.021, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (b-1) to read as follows: |
|
|
(b-1) In this subsection, "unconsolidated sedimentary |
|
|
material" means loose gravel, sand, or other sedimentary material |
|
|
that has been transported by the flow of the watercourse. The term |
|
|
does not include solid bedrock or earthen banks. A project results |
|
|
in an insignificant taking or disturbance of marl, sand, gravel, |
|
|
shell, or mudshell for purposes of Subsection (b)(1) if: |
|
|
(1) the project is noncommercial; |
|
|
(2) the project takes or disturbs less than 125 cubic |
|
|
yards of dry unconsolidated sedimentary material within a 12-month |
|
|
period; |
|
|
(3) the project occurs within an on-channel |
|
|
impoundment created by a dam originally constructed on or before |
|
|
December 31, 1955, and the dam crest has not been increased in |
|
|
height by more than six inches since initial construction; and |
|
|
(4) the taking or disturbance of unconsolidated |
|
|
sedimentary material does not occur outside of the impoundment in |
|
|
areas above dam crest elevation. |
|
|
SECTION 5. (a) Section 86.003(c), Parks and Wildlife Code, |
|
|
as added by this Act, applies only to a permit application for the |
|
|
taking of marl, sand, gravel, shell, or mudshell that is filed with |
|
|
the Parks and Wildlife Department on or after the effective date of |
|
|
this Act. A permit application for the taking of marl, sand, |
|
|
gravel, shell, or mudshell filed before the effective date of this |
|
|
Act is governed by the law in effect when the permit application was |
|
|
filed, and the former law is continued in effect for that purpose. |
|
|
(b) Sections 86.006(d) and 86.0105, Parks and Wildlife |
|
|
Code, as added by this Act, apply only to a permit for the taking of |
|
|
marl, sand, gravel, shell, or mudshell issued on or after the |
|
|
effective date of this Act. A permit for the taking of marl, sand, |
|
|
gravel, shell, or mudshell issued before the effective date of this |
|
|
Act is governed by the law in effect when the permit was issued, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2019. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2805 was passed by the House on April |
|
|
26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2805 was passed by the Senate on May |
|
|
22, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |