| 1 | 1 | | 87R9564 MP-D |
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| 2 | 2 | | By: Zwiener H.B. No. 2422 |
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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. Section 28A.001(1), Water Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (1) "Aggregate production operation" means the site |
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| 17 | 17 | | from which aggregates are being or have been removed or extracted |
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| 18 | 18 | | from the earth, including the entire areas of extraction, stripped |
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| 19 | 19 | | areas, haulage ramps, and the land on which the plant processing the |
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| 20 | 20 | | raw materials is located, exclusive of any land owned or leased by |
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| 21 | 21 | | the responsible party not being currently used in the production of |
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| 22 | 22 | | aggregates. For the purposes of this chapter, the term "aggregate |
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| 23 | 23 | | production operation" includes a quarry producing aggregates. For |
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| 24 | 24 | | the purposes of this chapter, the term "aggregate production |
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| 25 | 25 | | operation" does not include: |
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| 26 | 26 | | (A) a site at which the materials that are being |
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| 27 | 27 | | removed or extracted from the earth are used or processed at the |
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| 28 | 28 | | same site or at a related site under the control of the same |
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| 29 | 29 | | responsible party for the production of cement or lightweight |
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| 30 | 30 | | aggregates, or in a lime kiln; |
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| 31 | 31 | | (B) a temporary site that is being used solely to |
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| 32 | 32 | | provide aggregate products for use in a public works project |
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| 33 | 33 | | involving the Texas Department of Transportation or a local |
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| 34 | 34 | | governmental entity; |
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| 35 | 35 | | (C) an extraction area from which all raw |
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| 36 | 36 | | material is extracted for use as fill or for other construction uses |
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| 37 | 37 | | at the same or a contiguous site; |
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| 38 | 38 | | (D) a site at which the materials that are being |
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| 39 | 39 | | removed or extracted from the earth are used or processed for use in |
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| 40 | 40 | | the construction, modification, or expansion of a solid waste |
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| 41 | 41 | | facility at the site or another location; or |
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| 42 | 42 | | (E) a site at which: |
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| 43 | 43 | | (i) the materials being removed or |
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| 44 | 44 | | extracted from the earth are specialty or terrazzo-type |
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| 45 | 45 | | [terrazo-type] stone removed or extracted exclusively for |
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| 46 | 46 | | decorative or artistic uses; and |
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| 47 | 47 | | (ii) the portion of the specialty or |
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| 48 | 48 | | terrazzo-type [terrazo-type] stone horizon that is exposed for |
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| 49 | 49 | | current production for commercial sale in the site does not exceed |
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| 50 | 50 | | five acres. |
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| 51 | 51 | | SECTION 3. The heading to Subchapter B, Chapter 28A, Water |
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| 52 | 52 | | Code, is amended to read as follows: |
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| 53 | 53 | | SUBCHAPTER B. REGISTRATION, [AND] INSPECTION, AND OPERATION |
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| 54 | 54 | | SECTION 4. Subchapter B, Chapter 28A, Water Code, is |
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| 55 | 55 | | amended by adding Section 28A.055 to read as follows: |
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| 56 | 56 | | Sec. 28A.055. LOCATION OF AGGREGATE PRODUCTION OPERATIONS |
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| 57 | 57 | | IN CERTAIN COUNTIES. (a) This section applies only to: |
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| 58 | 58 | | (1) a county with a population of 500,000 or more; or |
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| 59 | 59 | | (2) a county that: |
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| 60 | 60 | | (A) is adjacent to a county with a population of |
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| 61 | 61 | | 500,000 or more; and |
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| 62 | 62 | | (B) according to the most recent federal |
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| 63 | 63 | | decennial census, had population growth of more than 30 percent |
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| 64 | 64 | | during the decade preceding the most recent federal decennial |
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| 65 | 65 | | census. |
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| 66 | 66 | | (b) The county commissioners court by order may prohibit the |
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| 67 | 67 | | construction or expansion of an aggregate production operation at a |
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| 68 | 68 | | location less than one mile from a residence, school, place of |
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| 69 | 69 | | worship, hospital, or land platted for residential development and |
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| 70 | 70 | | may establish conditions on the construction or expansion of an |
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| 71 | 71 | | aggregate production operation for other locations in the county |
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| 72 | 72 | | based on development patterns of the county, distance of an |
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| 73 | 73 | | operation from a roadway, traffic conditions, emission of dust from |
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| 74 | 74 | | an operation, or public safety. |
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| 75 | 75 | | (c) An order adopted under this section may not result in a |
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| 76 | 76 | | prohibition on the construction or expansion of aggregate |
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| 77 | 77 | | production operations in the county. |
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| 78 | 78 | | SECTION 5. The changes in law made by this Act apply only to |
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| 79 | 79 | | the construction or expansion of an aggregate production operation |
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| 80 | 80 | | that begins on or after the effective date of this Act. The |
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| 81 | 81 | | construction or expansion of an aggregate production operation that |
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| 82 | 82 | | begins before the effective date of this Act is governed by the law |
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| 83 | 83 | | in effect immediately before the effective date of this Act, and the |
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| 84 | 84 | | former law is continued in effect for that purpose. |
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| 85 | 85 | | SECTION 6. This Act takes effect September 1, 2021. |
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