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