| 1 | 1 | | 84R28001 PAM-F |
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| 2 | 2 | | By: Paddie, Keffer H.B. No. 2991 |
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| 3 | 3 | | Substitute the following for H.B. No. 2991: |
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| 4 | 4 | | By: Paddie C.S.H.B. No. 2991 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to municipal regulation of minimum setback requirements |
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| 10 | 10 | | for mineral exploration and development activities, including |
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| 11 | 11 | | providing for and recording of waivers from those requirements. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 212, Local Government |
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| 14 | 14 | | Code, is amended by adding Section 212.905 to read as follows: |
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| 15 | 15 | | Sec. 212.905. REGULATION OF MINIMUM SETBACK REQUIREMENTS |
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| 16 | 16 | | FOR MINERAL EXPLORATION AND DEVELOPMENT ACTIVITIES; WAIVER. (a) |
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| 17 | 17 | | This section applies to a municipality that adopts or has adopted an |
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| 18 | 18 | | ordinance that requires a minimum distance that must be maintained |
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| 19 | 19 | | between land used for mineral exploration and development |
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| 20 | 20 | | activities and a school, regular place of worship, residence, |
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| 21 | 21 | | residential neighborhood, public park, or other land use specified |
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| 22 | 22 | | by the ordinance. |
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| 23 | 23 | | (b) Except as provided by Subsection (c), a municipality |
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| 24 | 24 | | shall apply an ordinance described by Subsection (a) uniformly to |
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| 25 | 25 | | subsequent development of a land use specified by the ordinance and |
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| 26 | 26 | | land used for mineral exploration and development activities within |
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| 27 | 27 | | the municipality's corporate boundaries. |
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| 28 | 28 | | (c) A person with authority to develop or otherwise use a |
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| 29 | 29 | | tract of land may submit a request to the municipality to grant a |
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| 30 | 30 | | waiver to allow the development or other use of land that is located |
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| 31 | 31 | | within the minimum distance area. |
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| 32 | 32 | | (d) A municipality that grants a waiver requested as |
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| 33 | 33 | | provided by Subsection (c) shall file a notice of the waiver in the |
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| 34 | 34 | | real property records of the county in which the land subject to the |
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| 35 | 35 | | waiver is located. The notice filed under this subsection must: |
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| 36 | 36 | | (1) include a description legally sufficient for |
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| 37 | 37 | | identification of the land subject to the waiver; and |
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| 38 | 38 | | (2) state that the person granted the waiver was |
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| 39 | 39 | | informed of the minimum distance required by municipal ordinance |
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| 40 | 40 | | and voluntarily requested a waiver of the minimum distance. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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