87R9564 MP-D
By: Zwiener H.B. No. 2422
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of aggregate production operations by
the commissioners court in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 28A, Water Code, is
amended to read as follows:
CHAPTER 28A. REGULATION [REGISTRATION AND INSPECTION] OF CERTAIN
AGGREGATE PRODUCTION OPERATIONS
SECTION 2. Section 28A.001(1), Water Code, is amended to
read as follows:
(1) "Aggregate production operation" means the site
from which aggregates are being or have been removed or extracted
from the earth, including the entire areas of extraction, stripped
areas, haulage ramps, and the land on which the plant processing the
raw materials is located, exclusive of any land owned or leased by
the responsible party not being currently used in the production of
aggregates. For the purposes of this chapter, the term "aggregate
production operation" includes a quarry producing aggregates. For
the purposes of this chapter, the term "aggregate production
operation" does not include:
(A) a site at which the materials that are being
removed or extracted from the earth are used or processed at the
same site or at a related site under the control of the same
responsible party for the production of cement or lightweight
aggregates, or in a lime kiln;
(B) a temporary site that is being used solely to
provide aggregate products for use in a public works project
involving the Texas Department of Transportation or a local
governmental entity;
(C) an extraction area from which all raw
material is extracted for use as fill or for other construction uses
at the same or a contiguous site;
(D) a site at which the materials that are being
removed or extracted from the earth are used or processed for use in
the construction, modification, or expansion of a solid waste
facility at the site or another location; or
(E) a site at which:
(i) the materials being removed or
extracted from the earth are specialty or terrazzo-type
[terrazo-type] stone removed or extracted exclusively for
decorative or artistic uses; and
(ii) the portion of the specialty or
terrazzo-type [terrazo-type] stone horizon that is exposed for
current production for commercial sale in the site does not exceed
five acres.
SECTION 3. The heading to Subchapter B, Chapter 28A, Water
Code, is amended to read as follows:
SUBCHAPTER B. REGISTRATION, [AND] INSPECTION, AND OPERATION
SECTION 4. Subchapter B, Chapter 28A, Water Code, is
amended by adding Section 28A.055 to read as follows:
Sec. 28A.055. LOCATION OF AGGREGATE PRODUCTION OPERATIONS
IN CERTAIN COUNTIES. (a) This section applies only to:
(1) a county with a population of 500,000 or more; or
(2) a county that:
(A) is adjacent to a county with a population of
500,000 or more; and
(B) according to the most recent federal
decennial census, had population growth of more than 30 percent
during the decade preceding the most recent federal decennial
census.
(b) The county commissioners court by order may prohibit the
construction or expansion of an aggregate production operation at a
location less than one mile from a residence, school, place of
worship, hospital, or land platted for residential development and
may establish conditions on the construction or expansion of an
aggregate production operation for other locations in the county
based on development patterns of the county, distance of an
operation from a roadway, traffic conditions, emission of dust from
an operation, or public safety.
(c) An order adopted under this section may not result in a
prohibition on the construction or expansion of aggregate
production operations in the county.
SECTION 5. The changes in law made by this Act apply only to
the construction or expansion of an aggregate production operation
that begins on or after the effective date of this Act. The
construction or expansion of an aggregate production operation that
begins before the effective date of this Act is governed by the law
in effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.