S.B. No. 2196

AN ACT

relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 67, Education Code, is amended by adding Section 67.73 to read as follows:

Sec. 67.73. IDENTIFICATION AND MAPPING OF AGGREGATE PRODUCTION OPERATIONS. (a) In this section, "aggregate production operation" has the meaning assigned by Section 28A.001, Water Code.

(b) The bureau shall:

(1) conduct a study to identify:

(A) locations in this state suitable for aggregate production operations; and

(B) existing land uses or planning policies of political subdivisions that could result in a location identified under Paragraph (A) becoming incompatible with use as an aggregate production operation;

(2) develop and maintain a database that:

(A) maps locations identified under Subdivision (1)(A) and Section 28A.052, Water Code; and

(B) is accessible to political subdivisions; and

(3) update the study and map described by Subdivisions (1) and (2) not less than once every 10 years.

(c) In fulfilling the duties described by Subsection (b), the bureau may cooperate with:

(1) the Texas Commission on Environmental Quality, the Texas Water Development Board, and any other state agency, political subdivision, or university with access to information related to aggregate production operations; and

(2) federal agencies or private entities as appropriate to fulfill the requirements of this section.

(d) An agency, political subdivision, or university described by Subsection (c)(1) shall provide to the bureau on request available information as necessary to fulfill the requirements of this section.

(e) The bureau may accept gifts, grants, and donations from sources other than the state for the purpose of implementing this section.

SECTION 2. Not later than December 1, 2025, The University of Texas Bureau of Economic Geology shall submit to the legislature a report that contains:

(1) a summary of the study conducted under Section 67.73, Education Code, as added by this Act;

(2) a map containing the locations of aggregate production operations identified by Section 67.73, Education Code, as added by this Act; and

(3) any recommendations for legislative action necessary to facilitate, if appropriate, the preservation for aggregate production operations the locations identified by Section 67.73, Education Code, as added by this Act, including any recommendations regarding existing land use or planning policies of political subdivisions.

SECTION 3. The University of Texas Bureau of Economic Geology is required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the bureau may, but is not required to, implement a provision of this Act using other money available for that purpose.

SECTION 4. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2196 passed the Senate on April 20, 2023, by the following vote: Yeas 30, Nays 1.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2196 passed the House on May 9, 2023, by the following vote: Yeas 124, Nays 18, two present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor