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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the construction and operation of |
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barge terminals by political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 245.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 245.004. EXEMPTIONS. This chapter does not apply to: |
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(1) a permit that is at least two years old, is issued |
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for the construction of a building or structure intended for human |
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occupancy or habitation, and is issued under laws, ordinances, |
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procedures, rules, or regulations adopting only: |
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(A) uniform building, fire, electrical, |
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plumbing, or mechanical codes adopted by a recognized national code |
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organization; or |
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(B) local amendments to those codes enacted |
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solely to address imminent threats of destruction of property or |
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injury to persons; |
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(2) municipal zoning regulations that do not affect |
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landscaping or tree preservation, open space or park dedication, |
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property classification, lot size, lot dimensions, lot coverage, or |
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building size or that do not change development permitted by a |
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restrictive covenant required by a municipality; |
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(3) regulations that specifically control only the use |
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of land in a municipality that does not have zoning and that do not |
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affect landscaping or tree preservation, open space or park |
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dedication, lot size, lot dimensions, lot coverage, or building |
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size; |
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(4) regulations for sexually oriented businesses; |
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(5) municipal or county ordinances, rules, |
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regulations, or other requirements affecting colonias; |
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(6) fees imposed in conjunction with development |
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permits; |
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(7) regulations for annexation that do not affect |
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landscaping or tree preservation or open space or park dedication; |
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(8) regulations for utility connections; |
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(9) regulations to prevent imminent destruction of |
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property or injury to persons from flooding that are effective only |
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within a flood plain established by a federal flood control program |
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and enacted to prevent the flooding of buildings intended for |
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public occupancy; |
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(10) construction standards for public works located |
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on public lands or easements; [or] |
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(11) regulations to prevent the imminent destruction |
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of property or injury to persons if the regulations do not: |
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(A) affect landscaping or tree preservation, |
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open space or park dedication, lot size, lot dimensions, lot |
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coverage, building size, residential or commercial density, or the |
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timing of a project; or |
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(B) change development permitted by a |
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restrictive covenant required by a municipality; or |
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(12) a permit application, authorization, or |
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regulation for establishing or operating a public or private barge |
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terminal in a public waterway at a distance of 500 feet or less from |
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an existing park, public boat ramp, or residential development |
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adjacent to the waterway. |
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SECTION 2. The change in law made by this Act to Section |
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245.004, Local Government Code, applies to: |
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(1) a barge terminal for which an application is |
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submitted or an authorization or regulation is effective on or |
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after the effective date of this Act; and |
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(2) a proposed barge terminal: |
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(A) that has not, before the effective date of |
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this Act, received all necessary permits to engage in operation as a |
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barge terminal; and |
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(B) the construction of which has not been |
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completed before the effective date of this Act. |
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SECTION 3. 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, 2009. |