HBA-CBW H.B. 2684 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2684
By: Kuempel
Land & Resource Management
3/21/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Department of Transportation, in conjunction with other state
agencies, has the primary responsibility of working with the United States
Army Corps of Engineers (Corps) to maintain the Gulf Intracoastal Waterway
(GIWW).  Dredging of the GIWW is necessary to remove sediment that fills
the channel through natural causes. Currently, the Corps bears the cost of
conducting this dredging, which is approximately $22 million annually. 

The  Texas Transportation Commission (commission) is authorized to acquire
land for the placement of dredge spoils by gift, purchase, or condemnation
of property.  Under current law, the commission does not have the authority
to condemn submerged public land under the jurisdiction of the School Land
Board. However, current law does not provide the same protection for
privately owned land. House Bill 2684 prohibits the commission from
condemning privately owned land that is part of a habitat conservation
plan. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2684 amends the Transportation Code to prohibit the Texas
Transportation Commission from condemning any property that belongs to a
permittee or subpermittee under a Federal Fish and Wildlife permit and that
is part of a habitat conservation plan to restore or manage an endangered
species. 

EFFECTIVE DATE

September 1, 2001.