84R14724 T
By: Paddie H.B. No. 2993
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate location 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:
Sec. 92.007 MUNICIPAL AUTHORITY. (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.
(a) (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.
(b) 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.
(c) 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.
(d) Approval of a waiver as provided in (c) shall serve as a
revision to the municipality's maximum proximity allowance between
the exploration and development of mineral interests and any
identified marker.
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.