| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the authority of a county to regulate certain land uses. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Chapter 231, Local Government Code, is amended |
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| 9 | 11 | | by adding Subchapter N to read as follows: |
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| 10 | 12 | | SUBCHAPTER N. REGULATION OF CERTAIN INDUSTRIAL PROJECTS AND |
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| 11 | 13 | | OFFENSIVE LAND USES |
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| 12 | 14 | | Sec. 231.301. DEFINITIONS. In this subchapter: |
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| 13 | 15 | | (1) "Alternative energy facility" means: |
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| 14 | 16 | | (A) a wind power facility as defined by Section |
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| 15 | 17 | | 301.0001, Utilities Code; |
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| 16 | 18 | | (B) a solar power facility as defined by Section |
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| 17 | 19 | | 302.0001, Utilities Code; or |
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| 18 | 20 | | (C) a battery storage facility. |
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| 19 | 21 | | (2) "Industrial project" includes the construction or |
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| 20 | 22 | | operation of an electric generating facility, alternative energy |
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| 21 | 23 | | facility, or manufacturing facility. |
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| 22 | 24 | | (3) "Offensive land use" includes a concrete plant, |
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| 23 | 25 | | concrete crushing facility, landfill, solid waste transfer |
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| 24 | 26 | | station, or automotive wrecking and salvage yard. |
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| 25 | 27 | | Sec. 231.302. PERMIT REQUIRED. Notwithstanding any other |
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| 26 | 28 | | law, a person may not begin the construction or operation of an |
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| 27 | 29 | | industrial project or offensive land use in the unincorporated area |
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| 28 | 30 | | of a county unless the person obtains a permit from the |
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| 29 | 31 | | commissioners court of the county. |
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| 30 | 32 | | Sec. 231.303. COUNTY INDUSTRIAL PROJECT PERMITTING |
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| 31 | 33 | | PROCESS. (a) A commissioners court of a county shall by order |
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| 32 | 34 | | establish a procedure to review and approve an application for a |
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| 33 | 35 | | permit to build or operate an industrial project. |
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| 34 | 36 | | (b) If a commissioners court by order finds that a proposed |
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| 35 | 37 | | project requires substantial infrastructure or resources, the |
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| 36 | 38 | | commissioners court may by order determine that the project |
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| 37 | 39 | | constitutes an industrial project for purposes of the permit |
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| 38 | 40 | | requirement under this subchapter. |
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| 39 | 41 | | (c) A permitting procedure established by a county under |
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| 40 | 42 | | this subchapter must: |
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| 41 | 43 | | (1) require the permit be issued by order of the |
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| 42 | 44 | | commissioners court; and |
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| 43 | 45 | | (2) provide for at least two public hearings, held no |
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| 44 | 46 | | less than two weeks and no more than two months apart. |
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| 45 | 47 | | (d) In issuing a permit, a commissioners court must |
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| 46 | 48 | | consider: |
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| 47 | 49 | | (1) the compatibility of the proposed project with |
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| 48 | 50 | | existing land uses in the surrounding area; |
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| 49 | 51 | | (2) the potential impact of the proposed project on: |
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| 50 | 52 | | (A) public health and safety; |
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| 51 | 53 | | (B) air, water, and soil quality; and |
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| 52 | 54 | | (C) local infrastructure, including roads, |
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| 53 | 55 | | utilities, and emergency services; |
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| 54 | 56 | | (3) public comment and input from county residents and |
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| 55 | 57 | | other stakeholders; and |
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| 56 | 58 | | (4) other factors that the commissioners court |
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| 57 | 59 | | determines are relevant to balancing the interest in development |
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| 58 | 60 | | and the welfare of the community. |
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| 59 | 61 | | (e) A permit issued under this section may include |
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| 60 | 62 | | conditions and requirements that the commissioners court |
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| 61 | 63 | | determines are necessary to mitigate potential negative effects of |
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| 62 | 64 | | the project for which a permit is sought, including a requirement |
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| 63 | 65 | | that the applicant implement measures for: |
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| 64 | 66 | | (1) protecting public health and safety, including |
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| 65 | 67 | | providing necessary training and equipment for emergency services; |
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| 66 | 68 | | (2) local infrastructure improvement or maintenance; |
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| 67 | 69 | | (3) ensuring air, water, and soil quality; and |
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| 68 | 70 | | (4) noise reduction. |
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| 69 | 71 | | (f) A commissioners court may revoke, suspend, or deny |
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| 70 | 72 | | renewal of a permit issued under this subchapter if the |
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| 71 | 73 | | commissioners court by order finds that: |
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| 72 | 74 | | (1) the permit holder has violated the terms of the |
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| 73 | 75 | | permit; or |
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| 74 | 76 | | (2) the permitted project causes undue harm to the |
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| 75 | 77 | | surrounding area or community. |
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| 76 | 78 | | Sec. 231.304. ENFORCEMENT. The commissioners court of a |
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| 77 | 79 | | county may adopt orders to enforce this subchapter or an order |
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| 78 | 80 | | adopted under this subchapter. |
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| 79 | 81 | | SECTION 2. This Act takes effect September 1, 2025. |
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