| 1 | 1 | | 85R13069 JXC-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2161 |
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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 approval or disapproval by county referendum of an |
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| 8 | 8 | | application for a permit for a commercial surface disposal |
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| 9 | 9 | | facility. |
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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. Subchapter D, Chapter 91, Natural Resources |
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| 12 | 12 | | Code, is amended by adding Section 91.118 to read as follows: |
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| 13 | 13 | | Sec. 91.118. COUNTY REFERENDUM ON COMMERCIAL SURFACE |
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| 14 | 14 | | DISPOSAL FACILITY. (a) In this section, "commercial surface |
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| 15 | 15 | | disposal facility" has the meaning assigned by Section 91.116. |
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| 16 | 16 | | (b) The commission may not approve an application for a |
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| 17 | 17 | | permit for a commercial surface disposal facility if an election is |
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| 18 | 18 | | held on the application under this section in the county in which |
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| 19 | 19 | | the facility is proposed to be located while the application is |
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| 20 | 20 | | pending and the application is not approved at the election. |
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| 21 | 21 | | (c) If a number of qualified voters equal to 10 percent or |
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| 22 | 22 | | more of the voters of the county who voted for governor in the last |
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| 23 | 23 | | preceding gubernatorial election sign and present to the |
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| 24 | 24 | | commissioners court a petition calling for an election on an |
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| 25 | 25 | | application for a permit for a commercial surface disposal facility |
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| 26 | 26 | | proposed to be located in the county, the commissioners court shall |
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| 27 | 27 | | order an election on the proposition and notify the commission of |
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| 28 | 28 | | the election. |
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| 29 | 29 | | (d) If the commission receives notice under Subsection (c) |
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| 30 | 30 | | of an election to be held on an application for a permit, the |
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| 31 | 31 | | commission may not approve the application before the election |
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| 32 | 32 | | result is declared. |
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| 33 | 33 | | (e) The election order must be signed by the county judge. |
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| 34 | 34 | | Copies of the order shall be posted at the door of the county |
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| 35 | 35 | | courthouse and at all post offices in the county. |
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| 36 | 36 | | (f) The election shall be held after the 45th day and on or |
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| 37 | 37 | | before the 90th day after the date the election is ordered. |
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| 38 | 38 | | (g) Section 41.001(a), Election Code, does not apply to an |
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| 39 | 39 | | election ordered under this section. |
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| 40 | 40 | | (h) An election held under this section may include |
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| 41 | 41 | | propositions for the approval of applications for permits for more |
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| 42 | 42 | | than one commercial surface disposal facility. |
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| 43 | 43 | | (i) The ballot in an election held under this section shall |
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| 44 | 44 | | be printed to permit voting for or against the proposition: |
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| 45 | 45 | | "Approval of an application submitted by (name of applicant) for a |
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| 46 | 46 | | permit for a commercial surface disposal facility to be operated at |
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| 47 | 47 | | (proposed location of facility)." |
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| 48 | 48 | | (j) The election officers shall certify to the |
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| 49 | 49 | | commissioners court the number of votes cast for or against each |
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| 50 | 50 | | proposition in the election. |
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| 51 | 51 | | (k) The commissioners court shall declare the result and |
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| 52 | 52 | | notify the commission of the result. |
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| 53 | 53 | | SECTION 2. The change in law made by this Act applies only |
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| 54 | 54 | | to an application for a permit that is pending before the Railroad |
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| 55 | 55 | | Commission of Texas on or after the effective date of this Act. |
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| 56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2017. |
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