| 1 | 1 | | 82R6392 PAM-F |
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| 2 | 2 | | By: Phillips H.B. No. 935 |
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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 protection of water quality in certain bodies of |
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| 8 | 8 | | water. |
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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. The heading to Subchapter G, Chapter 231, Local |
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| 11 | 11 | | Government Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER G. ZONING AROUND LAKE ALAN HENRY, LAKE COOPER, LAKE |
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| 13 | 13 | | RALPH HALL, [AND] POST LAKE, AND LOWER BOIS D'ARC CREEK RESERVOIR |
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| 14 | 14 | | SECTION 2. Section 231.131(a), Local Government Code, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) The legislature finds that: |
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| 17 | 17 | | (1) the areas that surround Lake Alan Henry, Lake |
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| 18 | 18 | | Cooper, Lake Ralph Hall, [and] Post Lake, and Lower Bois D'Arc Creek |
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| 19 | 19 | | Reservoir are or will be frequented for recreational purposes by |
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| 20 | 20 | | residents from every part of the state; |
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| 21 | 21 | | (2) development in the area, including the |
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| 22 | 22 | | construction of on-site water treatment systems or other sources of |
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| 23 | 23 | | contamination, may impact the water quality in the lakes and the |
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| 24 | 24 | | reservoir; |
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| 25 | 25 | | (3) [(2)] orderly development and use of the area is |
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| 26 | 26 | | of concern to the entire state; and |
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| 27 | 27 | | (4) [(3)] buildings in the area that will be |
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| 28 | 28 | | frequented for resort or recreational purposes will tend to become |
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| 29 | 29 | | congested and to be used in ways that interfere with the proper use |
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| 30 | 30 | | of the area as a place of recreation to the detriment of the public |
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| 31 | 31 | | health, safety, morals, and general welfare. |
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| 32 | 32 | | SECTION 3. Sections 231.132(a) and (b), Local Government |
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| 33 | 33 | | Code, are amended to read as follows: |
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| 34 | 34 | | (a) This subchapter applies to: |
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| 35 | 35 | | (1) those parts of Garza County located within three |
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| 36 | 36 | | miles of the high water marks established for Lake Alan Henry and |
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| 37 | 37 | | Post Lake except land located in Garza County and owned by the White |
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| 38 | 38 | | River Municipal Water District; |
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| 39 | 39 | | (2) those parts of Kent County located within three |
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| 40 | 40 | | miles of the high water marks established for Lake Alan Henry; |
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| 41 | 41 | | (3) the area within 10,000 feet of where the shoreline |
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| 42 | 42 | | of Lake Cooper would be if the lake were filled to its storage |
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| 43 | 43 | | capacity; [and] |
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| 44 | 44 | | (4) the area within 5,000 feet of where the shoreline |
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| 45 | 45 | | of Lake Ralph Hall would be if the lake were filled to its storage |
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| 46 | 46 | | capacity; and |
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| 47 | 47 | | (5) the area within 5,000 feet of where the shoreline |
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| 48 | 48 | | of the Lower Bois D'Arc Creek Reservoir would be if the reservoir |
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| 49 | 49 | | were filled to its storage capacity. |
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| 50 | 50 | | (b) The areas described by Subsection (a) are subject to |
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| 51 | 51 | | regulation under this subchapter regardless of whether the |
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| 52 | 52 | | construction of an affected lake or reservoir is complete. |
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| 53 | 53 | | SECTION 4. Section 231.132(c), Local Government Code, is |
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| 54 | 54 | | repealed. |
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| 55 | 55 | | SECTION 5. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2011. |
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