| 1 | 1 | | 86R11643 MP-D |
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| 2 | 2 | | By: Zwiener H.B. No. 3033 |
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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 regulation of aggregate production operations by |
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| 8 | 8 | | the commissioners court in certain counties. |
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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. The heading to Chapter 28A, Water Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | CHAPTER 28A. REGULATION [REGISTRATION AND INSPECTION] OF CERTAIN |
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| 13 | 13 | | AGGREGATE PRODUCTION OPERATIONS |
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| 14 | 14 | | SECTION 2. The heading to Subchapter B, Chapter 28A, Water |
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| 15 | 15 | | Code, is amended to read as follows: |
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| 16 | 16 | | SUBCHAPTER B. REGISTRATION, [AND] INSPECTION, AND OPERATION |
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| 17 | 17 | | SECTION 3. Subchapter B, Chapter 28A, Water Code, is |
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| 18 | 18 | | amended by adding Section 28A.055 to read as follows: |
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| 19 | 19 | | Sec. 28A.055. LOCATION OF AGGREGATE PRODUCTION OPERATIONS |
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| 20 | 20 | | IN CERTAIN COUNTIES. (a) This section applies only to a county: |
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| 21 | 21 | | (1) that is adjacent to a county with a population of |
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| 22 | 22 | | 500,000 or more; and |
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| 23 | 23 | | (2) that, according to the most recent federal |
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| 24 | 24 | | decennial census, had population growth of more than 30 percent |
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| 25 | 25 | | during the decade preceding the most recent federal decennial |
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| 26 | 26 | | census. |
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| 27 | 27 | | (b) The commissioners court of a county by order may |
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| 28 | 28 | | regulate the construction of an aggregate production operation by |
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| 29 | 29 | | restricting the location of a production operation to not less than |
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| 30 | 30 | | one mile from a residence, school, place of worship, or hospital. |
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| 31 | 31 | | SECTION 4. The changes in law made by this Act apply only to |
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| 32 | 32 | | an aggregate production operation the construction of which begins |
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| 33 | 33 | | on or after the effective date of this Act. An aggregate production |
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| 34 | 34 | | operation that was constructed before the effective date of this |
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| 35 | 35 | | Act is governed by the law in effect immediately before the |
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| 36 | 36 | | effective date of this Act, and the former law is continued in |
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| 37 | 37 | | effect for that purpose. |
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| 38 | 38 | | SECTION 5. This Act takes effect September 1, 2019. |
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