Texas Parks and Wildlife Code

§ 86.021 — EXEMPTIONS

PW § 86.021Title 5. WILDLIFE AND PLANT CONSERVATION · Part F. MARL, SAND, GRAVEL, SHELL, AND MUDSHELL · Ch. 86. MARL, SAND, GRAVEL, SHELL, AND MUDSHELL

Statute text

View on source

(a)The commission by rule shall exempt the projects listed in Subsection (b) from any permit requirement or payment to the department for materials removed if the commission finds that the state will not be deprived of significant revenue and there will be no significant adverse effects on navigation, the coastal sediment budget, riverine hydrology, erosion, or fish and wildlife resources or their habitat.

(b)Projects that may be exempted under Subsection (a) include:

(1)projects resulting in insignificant takings or disturbances of marl, sand, gravel, shell, or mudshell;

(2)projects to restore or maintain the storage capacity of existing public water supplies;

(3)maintenance projects carried out by public utilities for noncommercial purposes; and

(4)public road projects contracted by the Texas Department of Transportation. (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:

…

Legislative history

Acts 2019, 86th Leg., R.S., Ch. 486 (H.B. 2805), Sec. 4, eff. September 1, 2019.