83R8941 JXC-D
By: Deuell S.B. No. 1819
A BILL TO BE ENTITLED
AN ACT
relating to the location of a sand mine; authorizing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 28A, Water Code, is
amended to read as follows:
CHAPTER 28A. [REGISTRATION AND INSPECTION OF CERTAIN] AGGREGATE
PRODUCTION OPERATIONS
SECTION 2. Chapter 28A, Water Code, is amended by adding
Subchapter B-1 to read as follows:
SUBCHAPTER B-1. LOCATION OF SAND MINE
Sec. 28A.071. LOCATION OF SAND MINE. A person may not
extract sand from the earth through a mining operation unless the
site of the mining operation is more than three miles from the
boundary of any property included in an identifiable unincorporated
community that uses groundwater from an aquifer for all or part of
its drinking water.
Sec. 28A.072. CIVIL ACTION. (a) A person may bring a civil
action against a person who violates Section 28A.071 if the person
bringing the civil action resides in a location or owns a place of
business that is less than three miles from the site of the sand
mine.
(b) In addition to any other remedy provided by law, a
person who brings an action under this section may seek injunctive
relief and actual damages sustained by the person.
(c) A plaintiff who prevails in an action brought under this
section is entitled to recover the amount of actual damages, if any,
as well as reasonable attorney's fees and court costs.
SECTION 3. Section 28A.102, Water Code, is amended to read
as follows:
Sec. 28A.102. PENALTIES [PENALTY]. (a) The commission may
assess a penalty of not less than $5,000 and not more than $10,000
for each year in which an aggregate production operation operates
without being registered under this chapter. The total penalty
under this section may not exceed $25,000 for an aggregate
production operation that is operated in three or more years
without being registered.
(b) The commission may assess an administrative penalty
under Chapter 7 for a violation of Section 28A.071.
SECTION 4. The change in law made by this Act applies only
to an extraction that takes place on or after the effective date of
this Act. An extraction that takes place before the effective date
of this Act is governed by the law in effect on the date of the
extraction, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2013.