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.