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.