Texas 2017 - 85th Regular

Texas House Bill HB2582 Compare Versions

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1-By: Sheffield (Senate Sponsor - Buckingham) H.B. No. 2582
2- (In the Senate - Received from the House April 24, 2017;
3- May 1, 2017, read first time and referred to Committee on Natural
4- Resources & Economic Development; May 9, 2017, reported favorably
5- by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to
6- printer.)
7-Click here to see the committee vote
1+H.B. No. 2582
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to an exemption for certain quarries from regulation as
136 aggregate production operations.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 28A.001(1), Water Code, is amended to
169 read as follows:
1710 (1) "Aggregate production operation" means the site
1811 from which aggregates are being or have been removed or extracted
1912 from the earth, including the entire areas of extraction, stripped
2013 areas, haulage ramps, and the land on which the plant processing the
2114 raw materials is located, exclusive of any land owned or leased by
2215 the responsible party not being currently used in the production of
2316 aggregates. For the purposes of this chapter, the term "aggregate
2417 production operation" does not include:
2518 (A) a site at which the materials that are being
2619 removed or extracted from the earth are used or processed at the
2720 same site or at a related site under the control of the same
2821 responsible party for the production of cement or lightweight
2922 aggregates, or in a lime kiln;
3023 (B) a temporary site that is being used solely to
3124 provide aggregate products for use in a public works project
3225 involving the Texas Department of Transportation or a local
3326 governmental entity;
3427 (C) an extraction area from which all raw
3528 material is extracted for use as fill or for other construction uses
3629 at the same or a contiguous site; [or]
3730 (D) a site at which the materials that are being
3831 removed or extracted from the earth are used or processed for use in
3932 the construction, modification, or expansion of a solid waste
4033 facility at the site or another location; or
4134 (E) a site at which:
4235 (i) the materials being removed or
4336 extracted from the earth are specialty or terrazo-type stone
4437 removed or extracted exclusively for decorative or artistic uses;
4538 and
4639 (ii) the portion of the specialty or
4740 terrazo-type stone horizon that is exposed for current production
4841 for commercial sale in the site does not exceed five acres.
4942 SECTION 2. This Act takes effect immediately if it receives
5043 a vote of two-thirds of all the members elected to each house, as
5144 provided by Section 39, Article III, Texas Constitution. If this
5245 Act does not receive the vote necessary for immediate effect, this
5346 Act takes effect September 1, 2017.
54- * * * * *
47+ ______________________________ ______________________________
48+ President of the Senate Speaker of the House
49+ I certify that H.B. No. 2582 was passed by the House on April
50+ 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
51+ voting.
52+ ______________________________
53+ Chief Clerk of the House
54+ I certify that H.B. No. 2582 was passed by the Senate on May
55+ 12, 2017, by the following vote: Yeas 31, Nays 0.
56+ ______________________________
57+ Secretary of the Senate
58+ APPROVED: _____________________
59+ Date
60+ _____________________
61+ Governor