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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain barge terminal facilities by |
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certain municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 212, Local Government |
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Code, is amended by adding Section 212.905 to read as follows: |
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Sec. 212.905. BARGE TERMINAL FACILITIES IN CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a municipality |
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that: |
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(1) has a population of 65,000 or more; |
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(2) is located in a county with a population of 3.3 |
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million or more; and |
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(3) is adjacent to the Gulf of Mexico or an adjacent |
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bay of the Gulf of Mexico. |
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(b) Notwithstanding any other law, a municipality may |
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prohibit the development of a private or commercial barge terminal |
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or barge terminal facility at a distance of 500 feet or less from a |
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municipal park or public boat ramp in the boundaries or the |
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extraterritorial jurisdiction of the municipality if: |
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(1) the municipality has publicly opposed the |
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development of the proposed barge terminal or facility; |
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(2) the proposed barge terminal or facility has not |
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received all of the permits necessary for the construction and |
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operation of the terminal or facility; and |
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(3) the construction of the proposed barge terminal or |
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facility has not been completed as required by the necessary |
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permits. |
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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, 2009. |