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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of aggregate production operations by |
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the commissioners court in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 28A, Water Code, is |
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amended to read as follows: |
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CHAPTER 28A. REGULATION [REGISTRATION AND INSPECTION] OF CERTAIN |
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AGGREGATE PRODUCTION OPERATIONS |
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SECTION 2. 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" includes a quarry producing aggregates. For |
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the purposes of this chapter, the term "aggregate production |
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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; |
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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 terrazzo-type |
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[terrazo-type] stone removed or extracted exclusively for |
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decorative or artistic uses; and |
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(ii) the portion of the specialty or |
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terrazzo-type [terrazo-type] stone horizon that is exposed for |
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current production for commercial sale in the site does not exceed |
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five acres. |
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SECTION 3. The heading to Subchapter B, Chapter 28A, Water |
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Code, is amended to read as follows: |
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SUBCHAPTER B. REGISTRATION, [AND] INSPECTION, AND OPERATION |
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SECTION 4. Subchapter B, Chapter 28A, Water Code, is |
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amended by adding Section 28A.055 to read as follows: |
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Sec. 28A.055. LOCATION OF AGGREGATE PRODUCTION OPERATIONS |
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IN CERTAIN COUNTIES. (a) This section applies only to: |
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(1) a county with a population of 500,000 or more; or |
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(2) a county that: |
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(A) is adjacent to a county with a population of |
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500,000 or more; and |
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(B) according to the most recent federal |
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decennial census, had population growth of more than 30 percent |
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during the decade preceding the most recent federal decennial |
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census. |
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(b) The county commissioners court by order may prohibit the |
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construction or expansion of an aggregate production operation at a |
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location less than one mile from a residence, school, place of |
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worship, hospital, or land platted for residential development and |
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may establish conditions on the construction or expansion of an |
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aggregate production operation for other locations in the county |
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based on development patterns of the county, distance of an |
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operation from a roadway, traffic conditions, emission of dust from |
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an operation, or public safety. |
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(c) An order adopted under this section may not result in a |
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prohibition on the construction or expansion of aggregate |
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production operations in the county. |
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SECTION 5. The changes in law made by this Act apply only to |
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the construction or expansion of an aggregate production operation |
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that begins on or after the effective date of this Act. The |
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construction or expansion of an aggregate production operation that |
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begins before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |