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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to regulate location 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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Sec. 92.007 MUNICIPAL AUTHORITY. (a) For the purposes of |
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this section, "identified marker" is defined as a school, regular |
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place of religious worship, residence, residential neighborhood, |
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public park or other specified land use that the governing body of a |
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municipality identifies as a marker from which mineral exploration |
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and development must maintain a maximum proximity. |
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(a) (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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(b) 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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(c) 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. |
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(d) Approval of a waiver as provided in (c) shall serve as a |
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revision to the municipality's maximum proximity allowance between |
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the exploration and development of mineral interests and any |
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identified marker. |
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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. |