Bill Text: TX HB2805 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to regulations for taking marl, sand, gravel, shell, or mudshell.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [HB2805 Detail]
Download: Texas-2019-HB2805-Enrolled.html
H.B. No. 2805 |
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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 |