84R14724 T
 
  By: Paddie H.B. No. 2993
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality to regulate location of
  mineral exploration and development activities within its
  boundaries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.007 of Chapter 92 of the Natural
  Resources Code is amended to read as follows:
         Sec. 92.007  MUNICIPAL AUTHORITY. (a) For the purposes of
  this section, "identified marker" is defined as a school, regular
  place of religious worship, residence, residential neighborhood,
  public park or other specified land use that the governing body of a
  municipality identifies as a marker from which mineral exploration
  and development must maintain a maximum proximity.
         (a) (b)  This chapter does not affect the authority of a
  municipality to require approval of subdivision plats or the
  authority of a home-rule city to regulate exploration and
  development of mineral interests within its boundaries.
         (b)  A maximum proximity allowance established by a
  municipality between mineral exploration and development
  activities and identified markers must be applied uniformly to
  subsequent development of identified markers in relation to all
  existing mineral and exploration activity locations within its
  boundaries.
         (c)  A property owner or lessee desiring to build or
  otherwise utilize property within the area created by a proximity
  allowance may petition the municipality for a waiver.
         (d)  Approval of a waiver as provided in (c) shall serve as a
  revision to the municipality's maximum proximity allowance between
  the exploration and development of mineral interests and any
  identified marker.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.