86R11643 MP-D
 
  By: Zwiener H.B. No. 3033
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of aggregate production operations by
  the commissioners court in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 28A, Water Code, is
  amended to read as follows:
  CHAPTER 28A. REGULATION [REGISTRATION AND INSPECTION] OF CERTAIN
  AGGREGATE PRODUCTION OPERATIONS
         SECTION 2.  The heading to Subchapter B, Chapter 28A, Water
  Code, is amended to read as follows:
  SUBCHAPTER B. REGISTRATION, [AND] INSPECTION, AND OPERATION
         SECTION 3.  Subchapter B, Chapter 28A, Water Code, is
  amended by adding Section 28A.055 to read as follows:
         Sec. 28A.055.  LOCATION OF AGGREGATE PRODUCTION OPERATIONS
  IN CERTAIN COUNTIES. (a) This section applies only to a county:
               (1)  that is adjacent to a county with a population of
  500,000 or more; and
               (2)  that, according to the most recent federal
  decennial census, had population growth of more than 30 percent
  during the decade preceding the most recent federal decennial
  census.
         (b)  The commissioners court of a county by order may
  regulate the construction of an aggregate production operation by
  restricting the location of a production operation to not less than
  one mile from a residence, school, place of worship, or hospital.
         SECTION 4.  The changes in law made by this Act apply only to
  an aggregate production operation the construction of which begins
  on or after the effective date of this Act. An aggregate production
  operation that was constructed before the effective date of this
  Act is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2019.