84R14723 T
By: Paddie H.B. No. 2991
A BILL TO BE ENTITLED
AN ACT
relating to provision of waivers from municipal regulation of
mineral exploration and development activities within its
boundaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.007 of Chapter 92 of the Natural
Resources Code is amended to read as follows:
(a) For the purposes of this section, "identified marker" is
defined as a school, regular place of religious worship, residence,
residential neighborhood, public park or other specified land use
that the governing body of a municipality identifies as a marker
from which mineral exploration and development must maintain a
maximum proximity.
(b) This chapter does not affect the authority of a
municipality to require approval of subdivision plats or the
authority of a home-rule city to regulate exploration and
development of mineral interests within its boundaries.
(c) A maximum proximity allowance established by a
municipality between mineral exploration and development
activities and identified markers must be applied uniformly to
subsequent development of identified markers in relation to all
existing mineral and exploration activity locations within its
boundaries.
(d) A property owner or lessee desiring to build or
otherwise utilize property within the area created by a proximity
allowance may petition the municipality for a waiver. If a waiver
petition is granted, the municipality must record a notice in the
county records that:
(1) the property owner or lessee was made aware of the
maximum proximity allowance for mineral exploration and
development and an identified marker; and
(2) the property owner or lessee voluntarily sought a
waiver of the allowance limit.
(d) Information regarding the voluntary waiver of the
allowance limit must be maintained in county records so as to
provide notice to a potential purchaser prior to transfer of any
portion of the property.
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.