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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal regulation of minimum setback requirements |
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for mineral exploration and development activities, including |
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providing for and recording of waivers from those requirements. |
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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. REGULATION OF MINIMUM SETBACK REQUIREMENTS |
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FOR MINERAL EXPLORATION AND DEVELOPMENT ACTIVITIES; WAIVER. (a) |
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This section applies to a municipality that adopts or has adopted an |
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ordinance that requires a minimum distance that must be maintained |
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between land used for mineral exploration and development |
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activities and a school, regular place of worship, residence, |
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residential neighborhood, public park, or other land use specified |
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by the ordinance. |
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(b) Except as provided by Subsection (c), a municipality |
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shall apply an ordinance described by Subsection (a) uniformly to |
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subsequent development of a land use specified by the ordinance and |
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land used for mineral exploration and development activities within |
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the municipality's corporate boundaries. |
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(c) A person with authority to develop or otherwise use a |
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tract of land may submit a request to the municipality to grant a |
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waiver to allow the development or other use of land that is located |
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within the minimum distance area. |
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(d) A municipality that grants a waiver requested as |
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provided by Subsection (c) shall file a notice of the waiver in the |
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real property records of the county in which the land subject to the |
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waiver is located. The notice filed under this subsection must: |
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(1) include a description legally sufficient for |
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identification of the land subject to the waiver; and |
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(2) state that the person granted the waiver was |
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informed of the minimum distance required by municipal ordinance |
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and voluntarily requested a waiver of the minimum distance. |
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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, 2015. |