84R28001 PAM-F
By: Paddie, Keffer H.B. No. 2991
Substitute the following for H.B. No. 2991:
By: Paddie C.S.H.B. No. 2991
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of minimum setback requirements
for mineral exploration and development activities, including
providing for and recording of waivers from those requirements.
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. REGULATION OF MINIMUM SETBACK REQUIREMENTS
FOR MINERAL EXPLORATION AND DEVELOPMENT ACTIVITIES; WAIVER. (a)
This section applies to a municipality that adopts or has adopted an
ordinance that requires a minimum distance that must be maintained
between land used for mineral exploration and development
activities and a school, regular place of worship, residence,
residential neighborhood, public park, or other land use specified
by the ordinance.
(b) Except as provided by Subsection (c), a municipality
shall apply an ordinance described by Subsection (a) uniformly to
subsequent development of a land use specified by the ordinance and
land used for mineral exploration and development activities within
the municipality's corporate boundaries.
(c) A person with authority to develop or otherwise use a
tract of land may submit a request to the municipality to grant a
waiver to allow the development or other use of land that is located
within the minimum distance area.
(d) A municipality that grants a waiver requested as
provided by Subsection (c) shall file a notice of the waiver in the
real property records of the county in which the land subject to the
waiver is located. The notice filed under this subsection must:
(1) include a description legally sufficient for
identification of the land subject to the waiver; and
(2) state that the person granted the waiver was
informed of the minimum distance required by municipal ordinance
and voluntarily requested a waiver of the minimum distance.
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, 2015.