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A BILL TO BE ENTITLED
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AN ACT
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relating to land development, waste management, and the creation of |
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special districts in counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 791.037, Government Code, |
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is amended to read as follows: |
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Sec. 791.037. SOLID WASTE DISPOSAL SERVICES [IN CERTAIN |
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COUNTIES]. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1121 to read as follows: |
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Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN |
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COUNTIES. (a) In this section: |
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(1) "Generator" includes a fleet operator, a tire |
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recapper or retreader, or a retailer, wholesaler, or manufacturer |
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of whole new or used tires. The term does not include a scrap tire |
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energy recovery facility or a scrap tire recycling facility. |
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(2) "Retailer" means a person who is engaged in the |
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business of selling or otherwise placing tires in the stream of |
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commerce for use on a vehicle, trailer, or piece of equipment. |
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(3) "Scrap tire" has the meaning assigned by Section |
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361.112. The term does not include a tire: |
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(A) in or on a vehicle that: |
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(i) has been crushed; or |
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(ii) is being transported to a registered |
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metal recycling entity or a licensed used automotive parts |
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recycler; or |
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(B) that is mounted on a metal wheel that is |
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intended to be recycled. |
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(4) "Used tire" means a tire that: |
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(A) has been used as a tire on a vehicle, trailer, |
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or piece of equipment; |
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(B) has tire tread at least one-sixteenth inch |
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deep; |
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(C) can still be used for its original intended |
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purpose; and |
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(D) meets the visual and tread depth requirements |
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for used tires established by the Department of Public Safety. |
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(b) This section applies only to a county with a population |
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of 150,000 or less. |
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(c) The commissioners court of a county to which this |
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section applies may establish and enforce a program requiring a |
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generator to mark used or scrap tires handled by the generator. |
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(d) A program established under this section must: |
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(1) assign to each generator a unique identifying mark |
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required to be affixed to or imprinted on each scrap or used tire |
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taken possession of or produced by the generator; |
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(2) allow a customer to retain a scrap or used tire |
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removed from the customer's vehicle during the purchase of a tire |
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from a retailer; |
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(3) require a retailer whose customer retains a scrap |
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or used tire to keep a record of the customer's retention; and |
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(4) include a system to inspect generators for |
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compliance. |
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SECTION 3. Section 364.011(a-2), Health and Safety Code, is |
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amended to read as follows: |
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(a-2) Notwithstanding Subsection (a), a commissioners court |
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may, through a competitive bidding process, contract for the |
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provision of solid waste collection, handling, storage, and |
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disposal in an area of the county located within the |
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extraterritorial jurisdiction of a municipality if[: |
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[(1)] the municipality does not provide solid waste |
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disposal services in that area[; and |
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[(2) the county has a population of more than 1.5 |
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million and at least 70 percent of the population resides in a |
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single municipality]. |
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SECTION 4. Section 364.034(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A public agency or a county may: |
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(1) offer solid waste disposal service to persons in |
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its territory, including[, in the case of a county described by |
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Section 364.011(a-2)(2),] an area of the county located within the |
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extraterritorial jurisdiction of a municipality if the |
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municipality does not provide solid waste disposal services in that |
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area; |
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(2) require the use of the service by those persons, |
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except as provided by Subsection (a-1); |
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(3) charge fees for the service; and |
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(4) establish the service as a utility separate from |
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other utilities in its territory. |
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SECTION 5. Section 364.0345, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED |
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SERVICE IN CERTAIN AREAS. The commissioners court of a county |
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described by Section 364.011(a-2) [364.011(a-2)(2)] that requires |
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the use of a county solid waste disposal service under Section |
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364.034 in the extraterritorial jurisdiction of a municipality may |
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adopt orders to enforce the requirement, including an order |
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establishing a civil or administrative penalty in an amount |
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reasonable and necessary to ensure compliance with the requirement. |
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SECTION 6. The heading to Chapter 231, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 231. COUNTY ZONING AUTHORITY AND BUFFER REGULATIONS |
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SECTION 7. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. BUFFER REGULATIONS |
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Sec. 231.291. DEFINITION. In this subchapter, |
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"agricultural operation" has the meaning assigned by Section |
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251.002, Agriculture Code. |
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Sec. 231.292. BUFFER AREAS. (a) The commissioners court of |
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a county may regulate, by order, land development in the |
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unincorporated area of the county by requiring a buffer area |
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between the land used for a purpose specified by this subsection and |
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residential areas as follows: |
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(1) at least 1,000 feet for heavy industrial or quarry |
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use; |
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(2) at least 750 feet for light industrial use; and |
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(3) at least 500 feet for commercial or other business |
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use. |
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(b) This section does not authorize a county to adopt zoning |
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regulations. |
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(c) A buffer area established under this section does not |
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apply to land used for an activity described by Section 81.051, |
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Natural Resources Code, or to an interstate gas pipeline facility |
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as defined by 49 U.S.C. Section 60101. |
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(d) A county regulation under this section does not apply |
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to: |
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(1) a platted residential subdivision in existence on |
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the date the regulation takes effect; |
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(2) an agricultural operation; or |
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(3) an activity or a structure or appurtenance on a |
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tract of land devoted to an agricultural operation. |
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SECTION 8. Subchapter Z, Chapter 232, Local Government |
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Code, is amended by adding Section 232.902 to read as follows: |
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Sec. 232.902. MODEL RULES FOR WATER SUPPLY AND SEWER |
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SERVICES IN CERTAIN COUNTIES. (a) This section applies only to a |
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county that contains a groundwater conservation district governed |
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by Chapter 36, Water Code. |
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(b) The commissioners court of a county subject to this |
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section may adopt model rules for the subdivision of land in the |
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unincorporated area of the county. |
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(c) Model rules adopted under this section may only regulate |
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standards for the safe and sanitary supply of water and sewer |
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services. |
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(d) Model rules adopted under this section must be in |
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compliance with the model rules adopted under Section 16.343, Water |
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Code. |
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SECTION 9. Sections 352.082(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) This section applies only to: |
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(1) the unincorporated area of a county: |
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(A) [(1)] that is adjacent to a county with a |
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population of 3.3 million or more; and |
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(B) [(2)] in which a planned community is located |
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that has 20,000 or more acres of land, that was originally |
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established under the Urban Growth and New Community Development |
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Act of 1970 (42 U.S.C. Section 4501 et seq.), and that is subject to |
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restrictive covenants containing ad valorem or annual variable |
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budget based assessments on real property; or |
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(2) the unincorporated area of a county that offers |
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solid waste disposal services to persons in its territory. |
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(c) A person commits an offense if the person intentionally |
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or knowingly burns household refuse outdoors on a lot that is |
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either: |
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(1) located in the unincorporated area of a county |
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described by Subsection (a)(1) and: |
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(A) located in a neighborhood; or |
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(B) [(2)] smaller than five acres; or |
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(2) located in the unincorporated area of a county |
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described by Subsection (a)(2), if the commissioners court of the |
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county has established a mandatory program under Section 364.034, |
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Health and Safety Code, that benefits the lot. |
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SECTION 10. The Local Government Code is amended by adding |
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Title 15 to read as follows: |
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TITLE 15. REQUIREMENTS FOR CREATION OF CERTAIN LOCAL GOVERNMENTAL |
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ENTITIES |
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SUBTITLE A. MUNICIPAL REQUIREMENTS |
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SUBTITLE B. COUNTY REQUIREMENTS |
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CHAPTER 661. SPECIAL DISTRICTS |
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Sec. 661.001. DEFINITION. In this chapter, "special |
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district" means a political subdivision with a limited geographic |
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area created by local law or under general law for a special |
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purpose. |
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Sec. 661.002. REQUIREMENTS FOR PROPOSED LOCAL LAW |
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DISTRICTS. (a) This section applies only to a special district |
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created by local law. |
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(b) Except as provided by Subsection (c), the commissioners |
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court of a county in which a special district is proposed to be |
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located may by order adopt requirements for the district to ensure |
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that all county territory included in the district will benefit |
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from the creation of the district. |
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(c) The commissioners court of a county may not adopt an |
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order described by Subsection (b) for a special district after the |
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effective date of the Act that creates the district. |
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(d) A special district shall comply with each order adopted |
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under Subsection (b) that applies to the district. |
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Sec. 661.003. APPROVAL BEFORE CREATION OF GENERAL LAW |
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DISTRICTS. (a) This section applies only to a special district |
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created under general law. |
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(b) A special district may not be created unless the |
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commissioners court of each county in which the district is |
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proposed to be located approves the creation of the district after |
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each court holds a hearing described by Subsection (c). |
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(c) On the request of a person proposing to create a special |
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district in a county, the commissioners court of the county shall |
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hold a hearing in which the court accepts evidence on the creation |
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of the district and whether: |
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(1) the creation of the district is feasible, |
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practicable, and necessary; and |
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(2) the district would wholly or partly benefit the |
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county. |
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Sec. 661.004. EXCEPTIONS. This chapter does not apply to a |
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special district if: |
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(1) the creation of the district is initiated by the |
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commissioners court of a county; or |
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(2) other law requires the approval of the |
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commissioners court of a county before the district may be created. |
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SECTION 11. Section 7.107, Water Code, is amended to read as |
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follows: |
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Sec. 7.107. DIVISION OF CIVIL PENALTY; DISPOSITION OF |
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STATE'S PORTION OF CIVIL PENALTY. (a) Except in a suit brought for |
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a violation of Chapter 28 of this code or of Chapter 401, Health and |
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Safety Code, a civil penalty recovered in a suit brought under this |
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subchapter by a local government shall be divided as follows: |
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(1) the first $4.3 million of the amount recovered |
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shall be divided equally between: |
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(A) the state; and |
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(B) the local government that brought the suit; |
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and |
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(2) any amount recovered in excess of $4.3 million |
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shall be awarded to the state. |
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(b) One-half of the state's portion of a civil penalty under |
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Subsection (a) shall be deposited to the credit of the special |
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environmental remediation fund created under Section 7.1075. |
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SECTION 12. Subchapter D, Chapter 7, Water Code, is amended |
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by adding Section 7.1075 to read as follows: |
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Sec. 7.1075. SPECIAL ENVIRONMENTAL REMEDIATION FUND; GRANT |
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PROGRAM. (a) The environmental remediation fund is created as a |
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special fund in the state treasury outside the general revenue |
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fund. The fund consists of money deposited to the credit of the |
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fund under Section 7.107. Money in the fund may be appropriated |
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only to the commission for purposes of the grant program |
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established under Subsection (b). |
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(b) From money appropriated from the special environmental |
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remediation fund for that purpose, the commission shall establish |
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and administer a grant program to provide financial assistance to |
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counties and municipalities for environmental remediation |
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projects. |
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(c) The commission shall adopt rules to implement the |
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program established under Subsection (b), including rules |
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establishing: |
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(1) eligibility criteria for grant applicants and |
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environmental remediation projects; |
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(2) grant application procedures; |
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(3) criteria for evaluating grant applications and |
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awarding grants; |
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(4) guidelines related to grant amounts; and |
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(5) procedures for monitoring the use of a grant |
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awarded under Subsection (b) and ensuring compliance with any |
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conditions of the grant. |
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SECTION 13. Section 791.037(b), Government Code, is |
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repealed. |
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SECTION 14. Section 352.082, Local Government Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 15. Section 661.003, Local Government Code, as |
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added by this Act, applies only to a special district, as defined by |
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Section 661.001, Local Government Code, as added by this Act, |
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created on or after the effective date of this Act. |
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SECTION 16. Section 7.107, Water Code, as amended by this |
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Act, applies only to a violation that occurs on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 17. This Act takes effect on the 91st day after the |
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last day of the legislative session. |