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A BILL TO BE ENTITLED
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AN ACT
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relating to the location of a quarry and associated pits in relation |
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to residences in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 133, Natural Resources |
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Code, is amended by adding Section 133.902 to read as follows: |
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Sec. 133.902. MANDATORY DISTANCE OF QUARRY FROM RESIDENCE. |
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(a) This section applies only to a quarry located wholly in a county |
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with a population of more than 3.3 million. |
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(b) The commission by rule shall prohibit locating a new |
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quarry or expanding a pit associated with an existing quarry if any |
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part of the quarry or any part of the pit would be located less than |
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two miles from a residential structure. |
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(c) The owner or operator of a quarry any part of which, |
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including a pit associated with the quarry, is located less than two |
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miles from a residential structure may not expand the quarry or an |
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associated pit regardless of the date the residential structure was |
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built or the date the quarry operations began. |
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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. |