| 1 | 1 | | 81R10531 NC-F |
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| 2 | 2 | | By: Smith of Harris H.B. No. 4209 |
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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 certain barge terminal facilities by |
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| 8 | 8 | | certain municipalities. |
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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. Subchapter Z, Chapter 212, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 212.905 to read as follows: |
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| 12 | 12 | | Sec. 212.905. BARGE TERMINAL FACILITIES IN CERTAIN |
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| 13 | 13 | | MUNICIPALITIES. (a) This section applies only to a municipality |
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| 14 | 14 | | that: |
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| 15 | 15 | | (1) has a population of 65,000 or more; |
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| 16 | 16 | | (2) is located in a county with a population of 3.3 |
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| 17 | 17 | | million or more; and |
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| 18 | 18 | | (3) is adjacent to the Gulf of Mexico or an adjacent |
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| 19 | 19 | | bay of the Gulf of Mexico. |
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| 20 | 20 | | (b) Notwithstanding any other law, a municipality may |
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| 21 | 21 | | prohibit the development of a private or commercial barge terminal |
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| 22 | 22 | | or barge terminal facility at a distance of 500 feet or less from a |
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| 23 | 23 | | municipal park or public boat ramp in the boundaries or the |
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| 24 | 24 | | extraterritorial jurisdiction of the municipality if: |
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| 25 | 25 | | (1) the municipality has publicly opposed the |
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| 26 | 26 | | development of the proposed barge terminal or facility; |
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| 27 | 27 | | (2) the proposed barge terminal or facility has not |
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| 28 | 28 | | received all of the permits necessary for the construction and |
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| 29 | 29 | | operation of the terminal or facility; and |
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| 30 | 30 | | (3) the construction of the proposed barge terminal or |
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| 31 | 31 | | facility has not been completed as required by the necessary |
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| 32 | 32 | | permits. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2009. |
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