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A BILL TO BE ENTITLED
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AN ACT
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relating to certain restrictions on the mining of marl, sand, |
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gravel, shell, or mudshell in certain protected freshwater areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Legislature finds that to help |
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facilitate the statewide and regional goals of making efficient and |
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responsible use of the state's water and other natural resources, |
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the addition of Section 86.0021, Parks and Wildlife Code, under |
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Section 2 of this Act, is needed to assist in protecting the |
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integrity of navigable rivers and streams in protected freshwater |
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areas within the Edwards Plateau, as described by that section, |
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while also protecting private property rights and addressing the |
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need for the mining of sand, gravel, and other sedimentary |
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materials for commercial use in this state. The Legislature finds |
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that the Edwards Plateau is of significant statewide importance |
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because, among many other attributes and features: |
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(1) it is biologically diverse and contains the |
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headwaters of many significant rivers and streams that form the |
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basis for varied ecosystems and are therefore essential to fishing, |
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hunting, swimming, boating, and other recreational and tourist |
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activities enjoyed by Texans throughout the state and by visitors |
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from around the nation and other countries; |
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(2) it is the only area that contains and sustains the |
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official state fish of Texas, the Guadalupe bass, is an area in |
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which almost half of the Texas white-tailed deer population is |
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found, and is important to the fishing, hunting, boating, and other |
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recreational communities of Texas and of areas outside this state, |
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and is therefore important to the state's economy; |
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(3) its ranching and agricultural industries, which |
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are water intensive, are of both state and national renown and |
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importance; and |
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(4) all of the attributes and features of the area |
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listed in this subsection and in Subsection (b) of this section are |
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important to the state's economic, social, ecological, and |
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environmental well-being, and therefore make the preservation of |
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the area's rivers and streams in the most pristine condition |
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possible an essential state priority. |
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(b) The Legislature further finds that creating reasonable |
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restrictions on the mining operations described by Subsection (a) |
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of this section is of statewide importance and applicability and is |
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necessary to facilitate the prevention of: |
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(1) further adverse effects on the overburdened |
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freshwater resources of this state; |
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(2) adverse effects on the Texas tourist industry, |
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recreational activities, and other economic assets in the affected |
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areas, including long-standing traditional summer camps and |
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hunting and fishing operations enjoyed by Texans throughout the |
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state and by visitors from around the nation and other countries; |
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(3) adverse effects on the value of land along the |
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rivers and streams in the affected areas; |
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(4) damage or degradation of water quality, fish and |
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wildlife resources and their habitat, vegetation, and other natural |
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resources; |
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(5) adverse effects on navigation, currents affecting |
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navigation, and the natural course of navigable rivers and streams; |
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(6) damage, degradation, or erosion of the bed, |
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bottom, or banks of navigable rivers and streams; and |
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(7) the potential increase of downstream nonpoint |
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source pollution and damage or degradation of related bays, |
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estuaries, wetlands, and their ecosystems. |
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SECTION 2. Chapter 86, Parks and Wildlife Code, is amended |
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by adding Section 86.0021 to read as follows: |
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Sec. 86.0021. COMMERCIAL MINING IN CERTAIN PROTECTED |
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FRESHWATER AREAS RESTRICTED. Notwithstanding any other provision |
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of this chapter or a rule adopted under this chapter, the commission |
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may not grant a permit, or one or more contemporaneous permits |
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covering adjacent locations, to take more than 1,000 cubic yards of |
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marl, sand, gravel, shell, or mudshell from a protected freshwater |
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area, as that term is defined by Section 90.001, unless: |
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(1) the area covered by the permit is located east of |
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Interstate 35 or outside the Edwards Plateau, which for purposes of |
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this section is composed of Bandera, Bexar, Blanco, Burnet, Comal, |
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Crockett, Edwards, Gillespie, Hays, Irion, Kendall, Kerr, Kimble, |
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Lampasas, Llano, Mason, McCulloch, Medina, Menard, Reagan, Real, |
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San Saba, Schleicher, Sterling, Sutton, Travis, Uvalde, Val Verde, |
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and Williamson Counties; or |
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(2) the marl, sand, gravel, shell, or mudshell will |
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not be sold. |
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SECTION 3. The change in law made by this Act applies only |
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to a permit granted by the Parks and Wildlife Commission under |
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Chapter 86, Parks and Wildlife Code, on or after the effective date |
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of this Act. A permit granted by the commission before that date is |
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governed by the law in effect on the date the permit was granted, |
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and that law is continued in effect for that purpose. |
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SECTION 4. 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, 2013. |