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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to regulate |
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certain quarry activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 133, Natural Resources Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. AUTHORITY TO REGULATE QUARRIES IN CERTAIN |
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MUNICIPALITIES |
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Sec. 133.121. USE OF MUNICIPAL QUARRY SITE LOCATED IN |
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DIFFERENT MUNICIPALITY. (a) This section applies only to a rock |
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quarry: |
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(1) owned or leased by a municipality with a |
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population of more than 650,000 according to the 2000 federal |
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decennial census; |
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(2) located in the boundaries of a municipality with a |
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population of less than 50,000 according to the 2000 federal |
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decennial census; and |
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(3) any part of which is located within one mile of a |
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residential property. |
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(b) Before the municipality that owns or leases the rock |
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quarry may dispose of water treatment byproducts in the site of the |
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quarry, the municipality must receive the consent of the governing |
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body of the municipality in which the quarry is located. |
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(c) The municipality that owns or leases the rock quarry |
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must receive the consent of the governing body of the municipality |
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in which the quarry is located before entering into or extending a |
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lease to operate the quarry. |
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(d) The governing body of the municipality in which the rock |
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quarry is located may not provide consent under Subsection (b) or |
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(c) if: |
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(1) that governing body determines that the health, |
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safety, or welfare of the residents of the municipality may be |
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negatively affected by the disposal of byproducts or operation of |
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the quarry; |
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(2) the quarry site or the operation of the quarry |
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fails to comply with the land use and zoning regulations of the |
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municipality; or |
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(3) the quarry site or the operation of the quarry |
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fails to correspond with the municipality's land use and |
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development plans. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |