1 | | - | By: Sheffield (Senate Sponsor - Buckingham) H.B. No. 2582 |
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2 | | - | (In the Senate - Received from the House April 24, 2017; |
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3 | | - | May 1, 2017, read first time and referred to Committee on Natural |
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4 | | - | Resources & Economic Development; May 9, 2017, reported favorably |
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5 | | - | by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to |
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6 | | - | printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2582 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to an exemption for certain quarries from regulation as |
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13 | 6 | | aggregate production operations. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Section 28A.001(1), Water Code, is amended to |
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16 | 9 | | read as follows: |
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17 | 10 | | (1) "Aggregate production operation" means the site |
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18 | 11 | | from which aggregates are being or have been removed or extracted |
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19 | 12 | | from the earth, including the entire areas of extraction, stripped |
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20 | 13 | | areas, haulage ramps, and the land on which the plant processing the |
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21 | 14 | | raw materials is located, exclusive of any land owned or leased by |
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22 | 15 | | the responsible party not being currently used in the production of |
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23 | 16 | | aggregates. For the purposes of this chapter, the term "aggregate |
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24 | 17 | | production operation" does not include: |
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25 | 18 | | (A) a site at which the materials that are being |
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26 | 19 | | removed or extracted from the earth are used or processed at the |
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27 | 20 | | same site or at a related site under the control of the same |
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28 | 21 | | responsible party for the production of cement or lightweight |
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29 | 22 | | aggregates, or in a lime kiln; |
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30 | 23 | | (B) a temporary site that is being used solely to |
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31 | 24 | | provide aggregate products for use in a public works project |
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32 | 25 | | involving the Texas Department of Transportation or a local |
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33 | 26 | | governmental entity; |
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34 | 27 | | (C) an extraction area from which all raw |
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35 | 28 | | material is extracted for use as fill or for other construction uses |
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36 | 29 | | at the same or a contiguous site; [or] |
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37 | 30 | | (D) a site at which the materials that are being |
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38 | 31 | | removed or extracted from the earth are used or processed for use in |
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39 | 32 | | the construction, modification, or expansion of a solid waste |
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40 | 33 | | facility at the site or another location; or |
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41 | 34 | | (E) a site at which: |
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42 | 35 | | (i) the materials being removed or |
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43 | 36 | | extracted from the earth are specialty or terrazo-type stone |
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44 | 37 | | removed or extracted exclusively for decorative or artistic uses; |
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45 | 38 | | and |
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46 | 39 | | (ii) the portion of the specialty or |
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47 | 40 | | terrazo-type stone horizon that is exposed for current production |
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48 | 41 | | for commercial sale in the site does not exceed five acres. |
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49 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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50 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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51 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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52 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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53 | 46 | | Act takes effect September 1, 2017. |
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54 | | - | * * * * * |
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| 47 | + | ______________________________ ______________________________ |
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| 48 | + | President of the Senate Speaker of the House |
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| 49 | + | I certify that H.B. No. 2582 was passed by the House on April |
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| 50 | + | 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not |
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| 51 | + | voting. |
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| 52 | + | ______________________________ |
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| 53 | + | Chief Clerk of the House |
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| 54 | + | I certify that H.B. No. 2582 was passed by the Senate on May |
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| 55 | + | 12, 2017, by the following vote: Yeas 31, Nays 0. |
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| 56 | + | ______________________________ |
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| 57 | + | Secretary of the Senate |
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| 58 | + | APPROVED: _____________________ |
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| 59 | + | Date |
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| 60 | + | _____________________ |
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| 61 | + | Governor |
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