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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 sand mine; authorizing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 28A, Water Code, is |
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amended to read as follows: |
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CHAPTER 28A. [REGISTRATION AND INSPECTION OF CERTAIN] AGGREGATE |
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PRODUCTION OPERATIONS |
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SECTION 2. Chapter 28A, Water Code, is amended by adding |
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Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. LOCATION OF SAND MINE |
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Sec. 28A.071. LOCATION OF SAND MINE. A person may not |
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extract sand from the earth through a mining operation unless the |
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site of the mining operation is more than three miles from the |
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boundary of any property included in an identifiable unincorporated |
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community that uses groundwater from an aquifer for all or part of |
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its drinking water. |
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Sec. 28A.072. CIVIL ACTION. (a) A person may bring a civil |
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action against a person who violates Section 28A.071 if the person |
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bringing the civil action resides in a location or owns a place of |
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business that is less than three miles from the site of the sand |
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mine. |
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(b) In addition to any other remedy provided by law, a |
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person who brings an action under this section may seek injunctive |
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relief and actual damages sustained by the person. |
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(c) A plaintiff who prevails in an action brought under this |
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section is entitled to recover the amount of actual damages, if any, |
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as well as reasonable attorney's fees and court costs. |
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SECTION 3. Section 28A.102, Water Code, is amended to read |
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as follows: |
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Sec. 28A.102. PENALTIES [PENALTY]. (a) The commission may |
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assess a penalty of not less than $5,000 and not more than $10,000 |
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for each year in which an aggregate production operation operates |
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without being registered under this chapter. The total penalty |
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under this section may not exceed $25,000 for an aggregate |
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production operation that is operated in three or more years |
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without being registered. |
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(b) The commission may assess an administrative penalty |
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under Chapter 7 for a violation of Section 28A.071. |
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SECTION 4. The change in law made by this Act applies only |
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to an extraction that takes place on or after the effective date of |
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this Act. An extraction that takes place before the effective date |
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of this Act is governed by the law in effect on the date of the |
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extraction, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |