| 1 | 1 | | 81R10530 NC-F |
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| 2 | 2 | | By: Smith of Harris H.B. No. 4119 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of the construction and operation of |
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| 8 | 8 | | barge terminals by political subdivisions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 245.004, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 245.004. EXEMPTIONS. This chapter does not apply to: |
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| 13 | 13 | | (1) a permit that is at least two years old, is issued |
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| 14 | 14 | | for the construction of a building or structure intended for human |
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| 15 | 15 | | occupancy or habitation, and is issued under laws, ordinances, |
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| 16 | 16 | | procedures, rules, or regulations adopting only: |
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| 17 | 17 | | (A) uniform building, fire, electrical, |
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| 18 | 18 | | plumbing, or mechanical codes adopted by a recognized national code |
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| 19 | 19 | | organization; or |
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| 20 | 20 | | (B) local amendments to those codes enacted |
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| 21 | 21 | | solely to address imminent threats of destruction of property or |
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| 22 | 22 | | injury to persons; |
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| 23 | 23 | | (2) municipal zoning regulations that do not affect |
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| 24 | 24 | | landscaping or tree preservation, open space or park dedication, |
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| 25 | 25 | | property classification, lot size, lot dimensions, lot coverage, or |
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| 26 | 26 | | building size or that do not change development permitted by a |
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| 27 | 27 | | restrictive covenant required by a municipality; |
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| 28 | 28 | | (3) regulations that specifically control only the use |
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| 29 | 29 | | of land in a municipality that does not have zoning and that do not |
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| 30 | 30 | | affect landscaping or tree preservation, open space or park |
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| 31 | 31 | | dedication, lot size, lot dimensions, lot coverage, or building |
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| 32 | 32 | | size; |
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| 33 | 33 | | (4) regulations for sexually oriented businesses; |
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| 34 | 34 | | (5) municipal or county ordinances, rules, |
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| 35 | 35 | | regulations, or other requirements affecting colonias; |
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| 36 | 36 | | (6) fees imposed in conjunction with development |
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| 37 | 37 | | permits; |
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| 38 | 38 | | (7) regulations for annexation that do not affect |
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| 39 | 39 | | landscaping or tree preservation or open space or park dedication; |
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| 40 | 40 | | (8) regulations for utility connections; |
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| 41 | 41 | | (9) regulations to prevent imminent destruction of |
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| 42 | 42 | | property or injury to persons from flooding that are effective only |
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| 43 | 43 | | within a flood plain established by a federal flood control program |
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| 44 | 44 | | and enacted to prevent the flooding of buildings intended for |
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| 45 | 45 | | public occupancy; |
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| 46 | 46 | | (10) construction standards for public works located |
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| 47 | 47 | | on public lands or easements; [or] |
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| 48 | 48 | | (11) regulations to prevent the imminent destruction |
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| 49 | 49 | | of property or injury to persons if the regulations do not: |
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| 50 | 50 | | (A) affect landscaping or tree preservation, |
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| 51 | 51 | | open space or park dedication, lot size, lot dimensions, lot |
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| 52 | 52 | | coverage, building size, residential or commercial density, or the |
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| 53 | 53 | | timing of a project; or |
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| 54 | 54 | | (B) change development permitted by a |
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| 55 | 55 | | restrictive covenant required by a municipality; or |
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| 56 | 56 | | (12) a permit application, authorization, or |
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| 57 | 57 | | regulation for establishing or operating a public or private barge |
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| 58 | 58 | | terminal in a public waterway at a distance of 500 feet or less from |
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| 59 | 59 | | an existing park, public boat ramp, or residential development |
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| 60 | 60 | | adjacent to the waterway. |
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| 61 | 61 | | SECTION 2. The change in law made by this Act to Section |
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| 62 | 62 | | 245.004, Local Government Code, applies to: |
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| 63 | 63 | | (1) a barge terminal for which an application is |
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| 64 | 64 | | submitted or an authorization or regulation is effective on or |
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| 65 | 65 | | after the effective date of this Act; and |
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| 66 | 66 | | (2) a proposed barge terminal: |
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| 67 | 67 | | (A) that has not, before the effective date of |
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| 68 | 68 | | this Act, received all necessary permits to engage in operation as a |
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| 69 | 69 | | barge terminal; and |
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| 70 | 70 | | (B) the construction of which has not been |
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| 71 | 71 | | completed before the effective date of this Act. |
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| 72 | 72 | | SECTION 3. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2009. |
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