Texas 2021 - 87th Regular

Texas House Bill HB1544 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1544
	1	+	By: Guillen, Pacheco (Senate Sponsor - Zaffirini) H.B. No. 1544
	2	+	(In the Senate - Received from the House April 13, 2021;
	3	+	April 14, 2021, read first time and referred to Committee on
	4	+	Finance; May 11, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 10, Nays 2;
	6	+	May 11, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1544 By: West
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the eligibility of land to continue to be appraised for
6	14		ad valorem tax purposes as qualified open-space land if the land is
7	15		temporarily used for sand mining operations; authorizing a fee.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Subchapter D, Chapter 23, Tax Code, is amended by
10	18		adding Section 23.527 to read as follows:
11	19		Sec. 23.527. TEMPORARY CESSATION OF AGRICULTURAL USE FOR
12	20		SAND MINING OPERATION. (a) In this section:
13	21		(1) "Commission" means the Texas Commission on
14	22		Environmental Quality.
15	23		(2) "Executive director" means the executive director
16	24		of the commission.
17	25		(3) "Marketable material" means sand mined and
18	26		processed for sale.
19	27		(4) "Sand mining operation" means an aggregate
20	28		production operation registered under Chapter 28A, Water Code, at
21	29		which sand is removed or extracted.
22	30		(5) "Unmarketable material" means material excavated
23	31		or mined other than marketable material and includes surface soil,
24	32		unmarketable sand, and overburden and interburden encountered
25	33		during mining and processing operations.
26	34		(b) This section applies only to a sand mining operation
27	35		that overlies the Carrizo-Wilcox Aquifer and is located within:
28	36		(1) 30 miles of the boundary of a municipality with a
29	37		population of more than 500,000; or
30	38		(2) one mile of a building in use as a single-family or
31	39		multifamily residence.
32	40		(c) The measurement of distance for purposes of Subsection
33	41		(b) shall be taken from the point on the sand mining operation that
34	42		is nearest to the municipal boundary or residence toward the point
35	43		on the municipal boundary or residence that is nearest to the sand
36	44		mining operation.
37	45		(d) The eligibility of land for appraisal under this
38	46		subchapter does not end because the land ceases to be devoted
39	47		principally to agricultural use to the degree of intensity
40	48		generally accepted in the area if:
41	49		(1) the owner of the land intends that the use of the
42	50		land in that manner and to that degree of intensity be resumed;
43	51		(2) the land is used for a sand mining operation; and
44	52		(3) the land is reclaimed according to the standard
45	53		best practices adopted under this section not later than the first
46	54		anniversary of the date sand mining operations began on the land.
47	55		(e) The owner of land to which this section applies must
48	56		notify the appraisal office in writing not later than the 30th day
49	57		after the date sand mining operations begin on the land that the
50	58		owner intends to ensure that the requirements of Subsection (d) are
51	59		met.
52	60		(f) The commission by rule shall adopt standard best
53	61		practices for reclamation of land used for a sand mining operation
54	62		to be used for the purposes of this section. The standards must:
55	63		(1) provide for the protection of surface water,
56	64		groundwater, agricultural land, wildlife habitat, and wetlands;
57	65		(2) require reclamation to:
58	66		(A) occur concurrently with sand mining
59	67		operations by managing the movement of marketable and unmarketable
60	68		material encountered during the operations; and
61	69		(B) incorporate best practices adopted by the
62	70		Natural Resources Conservation Service of the United States
63	71		Department of Agriculture;
64	72		(3) include post-mining reclamation grade standards;
65	73		(4) establish slope stabilization requirements,
66	74		including by grading perpendicular to the gradient;
67	75		(5) require unmarketable material from the land to be
68	76		stockpiled on the land and used as backfill for site restoration;
69	77		(6) prohibit the inclusion of material not excavated
70	78		from the land in the backfill used for site restoration;
71	79		(7) prohibit the stockpiling of unmarketable material
72	80		at a horizontal to vertical slope greater than a 3 to 1 ratio;
73	81		(8) require surface soil removed during sand mining
74	82		operations to be used as the uppermost layer of the final
75	83		reclamation grade;
76	84		(9) require a reclaimed area to be left for successive
77	85		vegetation growth after final reclamation grade standard best
78	86		practices have been satisfied; and
79	87		(10) encourage the construction of ponds to catch
80	88		runoff in locations that are outside critical runoff zones for
81	89		rivers.
82	90		(g) The commission shall establish a process to allow an
83	91		owner of land who submits a notice under Subsection (e) to obtain
84	92		from the executive director a letter determining whether the land
85	93		that is the subject of the notice was reclaimed according to the
86	94		standard best practices adopted under this section in the time
87	95		frame required under Subsection (d). The owner must apply to the
88	96		executive director for the determination not later than the 90th
89	97		day after the first anniversary of the date sand mining operations
90	98		began on the land.
91	99		(h) The executive director shall:
92	100		(1) send notice by regular mail or by electronic means
93	101		to the chief appraiser of the appraisal district for the county in
94	102		which the land is located that the owner has applied for a
95	103		determination letter for the land;
96	104		(2) issue a letter to the owner stating the executive
97	105		director's determination of whether the land has been reclaimed
98	106		according to the standard best practices adopted under this section
99	107		in the time frame required under Subsection (d); and
100	108		(3) send a copy of the determination letter by regular
101	109		mail or by electronic means to the chief appraiser of the appraisal
102	110		district for the county in which the land is located.
103	111		(i) Not later than the 20th day after the date of receipt of
104	112		the letter issued by the executive director, the owner seeking the
105	113		determination or the chief appraiser may appeal the executive
106	114		director's determination to the commission. The commission shall
107	115		consider the appeal at the next regularly scheduled meeting of the
108	116		commission for which adequate notice may be given. The owner
109	117		seeking the determination and the chief appraiser may testify at
110	118		the meeting. The commission may remand the matter to the executive
111	119		director for a new determination or deny the appeal and affirm the
112	120		executive director's determination. On issuance of a new
113	121		determination, the executive director shall issue a letter to the
114	122		owner seeking the determination and provide a copy to the chief
115	123		appraiser as provided by Subsection (h). A new determination of the
116	124		executive director may be appealed to the commission in the manner
117	125		provided by this subsection. A proceeding under this subsection is
118	126		not a contested case for purposes of Chapter 2001, Government Code.
119	127		(j) The executive director shall issue a determination
120	128		letter required by Subsection (h) to the owner seeking the
121	129		determination, and the commission shall take final action on the
122	130		initial appeal under Subsection (i) if an appeal is made, not later
123	131		than the first anniversary of the date the executive director
124	132		receives the request from the owner for the determination.
125	133		(k) The commission may charge an owner seeking a
126	134		determination letter under this section a fee not to exceed its
127	135		administrative costs for making the determination and issuing the
128	136		letter required by this section.
129	137		(l) The chief appraiser shall accept a final determination
130	138		by the executive director as conclusive evidence that land was
131	139		reclaimed according to the standard best practices adopted under
132	140		this section in the time frame required under Subsection (d).
133	141		SECTION 2. (a) This section applies only to land on which a
134	142		sand mining operation began before the effective date of this Act.
135	143		(b) Notwithstanding Section 23.527(e), Tax Code, as added
136	144		by this Act, the eligibility of the land for appraisal under
137	145		Subchapter D, Chapter 23, Tax Code, does not end because the land
138	146		ceases to be devoted principally to agricultural use to the degree
139	147		of intensity generally accepted in the area if:
140	148		(1) the owner of the land provides the notice required
141	149		by Section 23.527(e), Tax Code, as added by this Act, not later than
142	150		the 90th day after the effective date of this Act; and
143	151		(2) the chief appraiser of the appraisal district in
144	152		which the land is located has not, as of the effective date of this
145	153		Act, made a determination under Section 23.55, Tax Code, that a
146	154		change in use of the land has occurred.
147	155		SECTION 3. This Act takes effect immediately if it receives
148	156		a vote of two-thirds of all the members elected to each house, as
149	157		provided by Section 39, Article III, Texas Constitution. If this
150	158		Act does not receive the vote necessary for immediate effect, this
151	159		Act takes effect September 1, 2021.
152		-	______________________________ ______________________________
153		-	President of the Senate Speaker of the House
154		-	I certify that H.B. No. 1544 was passed by the House on April
155		-	13, 2021, by the following vote: Yeas 146, Nays 1, 1 present, not
156		-	voting; and that the House concurred in Senate amendments to H.B.
157		-	No. 1544 on May 20, 2021, by the following vote: Yeas 143, Nays 0,
158		-	1 present, not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	I certify that H.B. No. 1544 was passed by the Senate, with
162		-	amendments, on May 14, 2021, by the following vote: Yeas 25, Nays
163		-	5.
164		-	______________________________
165		-	Secretary of the Senate
166		-	APPROVED: __________________
167		-	Date
168		-	__________________
169		-	Governor
	160	+	* * * * *