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.