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A BILL TO BE ENTITLED
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AN ACT
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relating to provision of waivers from municipal regulation of |
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mineral exploration and development activities within its |
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boundaries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.007 of Chapter 92 of the Natural |
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Resources Code is amended to read as follows: |
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(a) For the purposes of this section, "identified marker" is |
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defined as a school, regular place of religious worship, residence, |
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residential neighborhood, public park or other specified land use |
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that the governing body of a municipality identifies as a marker |
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from which mineral exploration and development must maintain a |
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maximum proximity. |
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(b) This chapter does not affect the authority of a |
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municipality to require approval of subdivision plats or the |
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authority of a home-rule city to regulate exploration and |
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development of mineral interests within its boundaries. |
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(c) A maximum proximity allowance established by a |
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municipality between mineral exploration and development |
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activities and identified markers must be applied uniformly to |
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subsequent development of identified markers in relation to all |
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existing mineral and exploration activity locations within its |
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boundaries. |
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(d) A property owner or lessee desiring to build or |
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otherwise utilize property within the area created by a proximity |
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allowance may petition the municipality for a waiver. If a waiver |
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petition is granted, the municipality must record a notice in the |
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county records that: |
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(1) the property owner or lessee was made aware of the |
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maximum proximity allowance for mineral exploration and |
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development and an identified marker; and |
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(2) the property owner or lessee voluntarily sought a |
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waiver of the allowance limit. |
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(d) Information regarding the voluntary waiver of the |
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allowance limit must be maintained in county records so as to |
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provide notice to a potential purchaser prior to transfer of any |
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portion of the property. |
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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. |