Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Averitt H.B. No. 763
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting the licensing or operation of a rock quarry
1-3 near Fort Parker State Park.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 13, Parks and Wildlife Code, is amended
1-6 by adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. ACTIVITIES PROHIBITED IN AREAS ADJACENT
1-8 TO STATE PARKS
1-9 Sec. 13.401. PROHIBITION OF LICENSING OR OPERATION OF ROCK
1-10 QUARRY NEAR FORT PARKER STATE PARK. (a) No governmental entity
1-11 may issue a permit or other approval for the operation of a rock
1-12 quarry adjacent to or in the vicinity of Fort Parker State Park.
1-13 (b) No person may operate a rock quarry adjacent to or in
1-14 the vicinity of Fort Parker State Park.
1-15 (c) The commission by rule may determine the circumstances
1-16 in which a rock quarry is considered to be adjacent to or in the
1-17 vicinity of Fort Parker State Park. Prior to the adoption of such
1-18 rules, there shall be a presumption that a rock quarry is in the
1-19 vicinity of Fort Parker State Park if any part of the rock quarry
1-20 is within one-mile of the boundary of the Park. In adopting rules,
1-21 the commission shall consider the minimum distance needed to avoid
1-22 adverse impacts on Park operations and facilities, including the
1-23 Navasota River.
1-24 (d) The attorney general, at the request of the director,
2-1 shall bring suit to enjoin a violation or a threatened violation of
2-2 Subsection (b). A suit under this section may be brought in the
2-3 county in which the violation occurred or threatens to occur, the
2-4 county in which the defendant resides, or Travis County.
2-5 (e) In this section, "rock quarry" means an open pit or
2-6 excavation from which building stone, slate, limestone, or a
2-7 similar material is extracted by blasting, cutting, or some other
2-8 method and includes operations such as rock crushing and sorting
2-9 undertaken in connection with such an open pit or excavation.
2-10 SECTION 2. This Act applies only to an application for a
2-11 permit or other approval for the operation of a rock quarry that
2-12 is:
2-13 (1) pending before a governmental entity on the
2-14 effective date of this Act; or
2-15 (2) filed with a governmental entity on or after the
2-16 effective date of this Act.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.