83R8081 SGA-F
By: Hilderbran H.B. No. 2146
A BILL TO BE ENTITLED
AN ACT
relating to limits on mining of marl, sand, gravel, shell, or
mudshell in certain protected freshwater areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 86, Parks and Wildlife Code, is amended
by adding Section 86.0021 to read as follows:
Sec. 86.0021. NO COMMERCIAL MINING IN CERTAIN PROTECTED
FRESHWATER AREAS. Notwithstanding any other provision of this
chapter, the commission may not grant a permit to take more than
1,000 cubic yards of marl, sand, gravel, shell, or mudshell from a
protected freshwater area, as that term is defined by Section
90.001, unless:
(1) the area covered by the permit is located east of
Interstate 35 or, where Interstate 35W and Interstate 35E run
parallel, east of Interstate 35E; or
(2) the marl, sand, gravel, shell, or mudshell will
not be sold.
SECTION 2. The change in law made by this Act applies only
to an application for a permit submitted to the Parks and Wildlife
Commission under Chapter 86, Parks and Wildlife Code, on or after
the effective date of this Act. An application for a permit
submitted to the commission before that date is governed by the law
in effect on the date the application is submitted and that law is
continued in effect for that purpose.
SECTION 3. 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, 2013.