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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption for certain quarries from regulation as |
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aggregate production operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28A.001(1), Water Code, is amended to |
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read as follows: |
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(1) "Aggregate production operation" means the site |
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from which aggregates are being or have been removed or extracted |
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from the earth, including the entire areas of extraction, stripped |
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areas, haulage ramps, and the land on which the plant processing the |
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raw materials is located, exclusive of any land owned or leased by |
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the responsible party not being currently used in the production of |
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aggregates. For the purposes of this chapter, the term "aggregate |
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production operation" does not include: |
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(A) a site at which the materials that are being |
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removed or extracted from the earth are used or processed at the |
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same site or at a related site under the control of the same |
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responsible party for the production of cement or lightweight |
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aggregates, or in a lime kiln; |
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(B) a temporary site that is being used solely to |
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provide aggregate products for use in a public works project |
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involving the Texas Department of Transportation or a local |
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governmental entity; |
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(C) an extraction area from which all raw |
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material is extracted for use as fill or for other construction uses |
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at the same or a contiguous site; [or] |
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(D) a site at which the materials that are being |
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removed or extracted from the earth are used or processed for use in |
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the construction, modification, or expansion of a solid waste |
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facility at the site or another location; or |
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(E) a site at which: |
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(i) the materials being removed or |
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extracted from the earth are specialty or terrazo-type stone |
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removed or extracted exclusively for decorative or artistic uses; |
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and |
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(ii) the portion of the specialty or |
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terrazo-type stone horizon that is exposed for current production |
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for commercial sale in the site does not exceed five acres. |
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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, 2017. |
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* * * * * |