| 1 | 1 | | 85R11077 JXC-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2162 |
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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 a prohibition on the approval by the Railroad |
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| 8 | 8 | | Commission of Texas of an application for a permit for a commercial |
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| 9 | 9 | | surface disposal facility located near certain reservoirs. |
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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. COMMERCIAL SURFACE DISPOSAL FACILITY |
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| 14 | 14 | | PROHIBITED NEAR CERTAIN RESERVOIRS. (a) In this section, |
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| 15 | 15 | | "commercial surface disposal facility" has the meaning assigned by |
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| 16 | 16 | | Section 91.116. |
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| 17 | 17 | | (b) The commission may not approve an application for a |
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| 18 | 18 | | permit for a commercial surface disposal facility if any part of the |
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| 19 | 19 | | site of the facility is located less than 20 miles upstream of or |
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| 20 | 20 | | up-drainage from the maximum elevation of the surface of a |
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| 21 | 21 | | reservoir project that: |
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| 22 | 22 | | (1) has been constructed or is under construction by |
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| 23 | 23 | | the United States Bureau of Reclamation or the United States Army |
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| 24 | 24 | | Corps of Engineers; or |
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| 25 | 25 | | (2) has been approved for construction by the Texas |
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| 26 | 26 | | Water Development Board as part of the state water plan under |
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| 27 | 27 | | Subchapter C, Chapter 16, Water Code. |
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| 28 | 28 | | SECTION 2. The change in law made by this Act applies only |
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| 29 | 29 | | to an application for a permit that is pending before the Railroad |
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| 30 | 30 | | Commission of Texas on or after the effective date of this Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2017. |
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