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.