| 1 | 1 | | 84R14724 T |
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| 2 | 2 | | By: Paddie H.B. No. 2993 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality to regulate location of |
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| 8 | 8 | | mineral exploration and development activities within its |
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| 9 | 9 | | boundaries. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 92.007 of Chapter 92 of the Natural |
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| 12 | 12 | | Resources Code is amended to read as follows: |
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| 13 | 13 | | Sec. 92.007 MUNICIPAL AUTHORITY. (a) For the purposes of |
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| 14 | 14 | | this section, "identified marker" is defined as a school, regular |
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| 15 | 15 | | place of religious worship, residence, residential neighborhood, |
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| 16 | 16 | | public park or other specified land use that the governing body of a |
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| 17 | 17 | | municipality identifies as a marker from which mineral exploration |
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| 18 | 18 | | and development must maintain a maximum proximity. |
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| 19 | 19 | | (a) (b) This chapter does not affect the authority of a |
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| 20 | 20 | | municipality to require approval of subdivision plats or the |
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| 21 | 21 | | authority of a home-rule city to regulate exploration and |
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| 22 | 22 | | development of mineral interests within its boundaries. |
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| 23 | 23 | | (b) A maximum proximity allowance established by a |
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| 24 | 24 | | municipality between mineral exploration and development |
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| 25 | 25 | | activities and identified markers must be applied uniformly to |
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| 26 | 26 | | subsequent development of identified markers in relation to all |
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| 27 | 27 | | existing mineral and exploration activity locations within its |
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| 28 | 28 | | boundaries. |
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| 29 | 29 | | (c) A property owner or lessee desiring to build or |
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| 30 | 30 | | otherwise utilize property within the area created by a proximity |
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| 31 | 31 | | allowance may petition the municipality for a waiver. |
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| 32 | 32 | | (d) Approval of a waiver as provided in (c) shall serve as a |
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| 33 | 33 | | revision to the municipality's maximum proximity allowance between |
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| 34 | 34 | | the exploration and development of mineral interests and any |
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| 35 | 35 | | identified marker. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2015. |
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