| 1 | 1 | | 85R11291 JXC-F |
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| 2 | 2 | | By: Buckingham S.B. No. 1917 |
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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 an exemption for certain quarries from regulation as |
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| 8 | 8 | | aggregate production operations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 28A.001(1), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (1) "Aggregate production operation" means the site |
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| 13 | 13 | | from which aggregates are being or have been removed or extracted |
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| 14 | 14 | | from the earth, including the entire areas of extraction, stripped |
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| 15 | 15 | | areas, haulage ramps, and the land on which the plant processing the |
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| 16 | 16 | | raw materials is located, exclusive of any land owned or leased by |
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| 17 | 17 | | the responsible party not being currently used in the production of |
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| 18 | 18 | | aggregates. For the purposes of this chapter, the term "aggregate |
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| 19 | 19 | | production operation" does not include: |
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| 20 | 20 | | (A) a site at which the materials that are being |
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| 21 | 21 | | removed or extracted from the earth are used or processed at the |
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| 22 | 22 | | same site or at a related site under the control of the same |
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| 23 | 23 | | responsible party for the production of cement or lightweight |
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| 24 | 24 | | aggregates, or in a lime kiln; |
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| 25 | 25 | | (B) a temporary site that is being used solely to |
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| 26 | 26 | | provide aggregate products for use in a public works project |
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| 27 | 27 | | involving the Texas Department of Transportation or a local |
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| 28 | 28 | | governmental entity; |
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| 29 | 29 | | (C) an extraction area from which all raw |
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| 30 | 30 | | material is extracted for use as fill or for other construction uses |
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| 31 | 31 | | at the same or a contiguous site; [or] |
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| 32 | 32 | | (D) a site at which the materials that are being |
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| 33 | 33 | | removed or extracted from the earth are used or processed for use in |
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| 34 | 34 | | the construction, modification, or expansion of a solid waste |
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| 35 | 35 | | facility at the site or another location; or |
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| 36 | 36 | | (E) an extraction area from which: |
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| 37 | 37 | | (i) marble or granite material is extracted |
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| 38 | 38 | | for decorative or artistic uses; and |
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| 39 | 39 | | (ii) the average amount of riprap removed |
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| 40 | 40 | | per year in the preceding 10-year period is less than 1,500 tons. |
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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, 2017. |
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