By: Pitts H.B. No. 2680
73R5576 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of activities causing vibration near a site
1-3 related to the superconducting super collider; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 240, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. REGULATION OF VIBRATION NEAR SUPERCONDUCTING
1-8 SUPER COLLIDER
1-9 Sec. 240.031. LEGISLATIVE FINDINGS. The legislature finds
1-10 that the regulation of vibration on and around the superconducting
1-11 super collider site is necessary for the safe, efficient, and
1-12 normal operation and maintenance of the superconducting
1-13 superconducting super collider.
1-14 Sec. 240.032. AREAS SUBJECT TO REGULATION. (a) This
1-15 subchapter applies to any unincorporated area of Ellis County
1-16 above, or within 1,000 feet of a side of, the main ring of the
1-17 superconducting super collider or within 6,000 feet of an
1-18 appurtenant facility in Ellis County in which the Commissioners
1-19 Court of Ellis County determines that vibration prevention is
1-20 necessary or desirable to protect the integrity of the
1-21 superconducting super collider. The commissioners court may from
1-22 time to time change a determination made under this subsection to
1-23 enlarge, reduce, or otherwise change the unincorporated area in
1-24 Ellis County that is subject to regulation under this subchapter.
2-1 (b) If the federal Department of Energy officially announces
2-2 the cancellation of its plans to construct the superconducting
2-3 super collider in Ellis County, this subchapter has no effect and
2-4 any regulation adopted under this subchapter is void.
2-5 Sec. 240.033. REGULATIONS. (a) The Ellis County Public
2-6 Works Administration or any successor to that agency's functions
2-7 may regulate, in areas subject to this subchapter, activities,
2-8 including excavation, drilling, blasting, and stamp manufacturing,
2-9 that produce ground motions in excess of one micron at frequencies
2-10 of five hertz or less as measured at the interaction regions of the
2-11 superconducting super collider.
2-12 (b) A decision of the Ellis County Public Works
2-13 Administration may be appealed to the Ellis County Commissioners
2-14 Court in the manner provided by the commissioners court.
2-15 (c) The county, in a suit brought by the county attorney or
2-16 other prosecuting attorney representing the county in district
2-17 court, is entitled to appropriate injunctive relief to prevent the
2-18 violation or threatened violation of a regulation adopted under
2-19 this chapter.
2-20 Sec. 240.034. CRIMINAL PENALTY. (a) A person commits an
2-21 offense if the person violates this subchapter or a regulation
2-22 adopted under this subchapter.
2-23 (b) Each day that a violation occurs constitutes a separate
2-24 offense.
2-25 (c) An offense under this section is a Class B misdemeanor.
2-26 Sec. 240.035. CONFLICT WITH MUNICIPAL REGULATION. If a
2-27 regulation adopted under this subchapter requires or imposes a
3-1 higher or more restrictive standard of control of vibration than
3-2 those required under a local order or regulation adopted by a
3-3 municipality, the regulation adopted under this subchapter controls
3-4 to the extent of conflict.
3-5 SECTION 2. Subchapter H, Chapter 231, Local Government Code,
3-6 is repealed and a regulation adopted under that subchapter is void.
3-7 SECTION 3. This Act takes effect September 1, 1993.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.