81R10531 NC-F
By: Smith of Harris H.B. No. 4209
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain barge terminal facilities by
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 212, Local Government
Code, is amended by adding Section 212.905 to read as follows:
Sec. 212.905. BARGE TERMINAL FACILITIES IN CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
that:
(1) has a population of 65,000 or more;
(2) is located in a county with a population of 3.3
million or more; and
(3) is adjacent to the Gulf of Mexico or an adjacent
bay of the Gulf of Mexico.
(b) Notwithstanding any other law, a municipality may
prohibit the development of a private or commercial barge terminal
or barge terminal facility at a distance of 500 feet or less from a
municipal park or public boat ramp in the boundaries or the
extraterritorial jurisdiction of the municipality if:
(1) the municipality has publicly opposed the
development of the proposed barge terminal or facility;
(2) the proposed barge terminal or facility has not
received all of the permits necessary for the construction and
operation of the terminal or facility; and
(3) the construction of the proposed barge terminal or
facility has not been completed as required by the necessary
permits.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.