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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the approval by the Railroad |
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Commission of Texas of an application for a permit for a commercial |
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surface disposal facility located near certain reservoirs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.118 to read as follows: |
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Sec. 91.118. COMMERCIAL SURFACE DISPOSAL FACILITY |
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PROHIBITED NEAR CERTAIN RESERVOIRS. (a) In this section, |
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"commercial surface disposal facility" has the meaning assigned by |
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Section 91.116. |
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(b) The commission may not approve an application for a |
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permit for a commercial surface disposal facility if any part of the |
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site of the facility is located less than 20 miles upstream of or |
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up-drainage from the maximum elevation of the surface of a |
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reservoir project that: |
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(1) has been constructed or is under construction by |
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the United States Bureau of Reclamation or the United States Army |
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Corps of Engineers; or |
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(2) has been approved for construction by the Texas |
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Water Development Board as part of the state water plan under |
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Subchapter C, Chapter 16, Water Code. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit that is pending before the Railroad |
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Commission of Texas on or after the effective date of this Act. |
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SECTION 3. 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. |