H.B. No. 2805

	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