Bill Text: TX HB2942 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2019-05-16 - Left pending in committee [HB2942 Detail]
Download: Texas-2019-HB2942-Introduced.html
Bill Title: Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land is temporarily used for sand mining operations; authorizing a fee.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2019-05-16 - Left pending in committee [HB2942 Detail]
Download: Texas-2019-HB2942-Introduced.html
86R14130 JXC-D | ||
By: Guillen | H.B. No. 2942 |
|
||
|
||
relating to the adoption and enforcement of reclamation standards | ||
for certain sand mining operations; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Natural Resources Code, is amended by | ||
adding Chapter 135 to read as follows: | ||
CHAPTER 135. RECLAMATION STANDARDS FOR CERTAIN SAND MINING | ||
OPERATIONS | ||
Sec. 135.0101. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Railroad Commission of | ||
Texas. | ||
(2) "Marketable material" means sand mined at the | ||
regulated premises and processed for sale. | ||
(3) "Unmarketable material" means material excavated | ||
or mined from the regulated premises other than marketable material | ||
and includes surface soil, unmarketable sand, and overburden and | ||
interburden encountered during mining and processing operations. | ||
Sec. 135.0102. RECLAMATION STANDARDS AND PERMIT. (a) The | ||
commission by rule shall adopt standards governing reclamation for | ||
sand mining operations, regardless of whether the operations are | ||
required to be registered under Chapter 28A, Water Code, that | ||
overlie the Carrizo Aquifer and are located within: | ||
(1) 30 miles of the boundary of a municipality with a | ||
population of more than 500,000; or | ||
(2) one mile of a building in use as a single-family or | ||
multifamily residence at the time the permit application is filed | ||
with the commission. | ||
(b) The measurement of distance for purposes of Subsection | ||
(a) shall be taken from the point on the sand mining operation that | ||
is nearest to the municipal boundary or residence toward the point | ||
on the municipal boundary or residence that is nearest to the sand | ||
mining operation. | ||
(c) A person may not begin or conduct extraction activities | ||
at a sand mining operation described by Subsection (a) unless the | ||
operator has obtained a reclamation permit from the commission | ||
under this chapter. | ||
(d) The commission shall require an applicant for a | ||
reclamation permit to submit to the commission a site reclamation | ||
plan for the sand mining operation that demonstrates that the | ||
applicant has adequately planned to comply with the standards | ||
adopted under this chapter. | ||
(e) The commission may charge fees for the issuance of | ||
permits under this chapter in an amount sufficient to recover the | ||
costs of administering this chapter. | ||
Sec. 135.0103. CONTENTS OF STANDARDS. (a) The standards | ||
adopted under Section 135.0102 must: | ||
(1) provide for the protection of surface water, | ||
groundwater, agricultural land, wildlife habitat, and wetlands; | ||
(2) require reclamation to: | ||
(A) occur concurrently with sand mining | ||
operations by managing the movement of marketable and unmarketable | ||
material encountered during the operations; and | ||
(B) use best practices adopted by the Natural | ||
Resources Conservation Service of the United States Department of | ||
Agriculture; | ||
(3) include post-mining reclamation grade standards; | ||
(4) establish slope stabilization requirements, | ||
including by grading perpendicular to the gradient; | ||
(5) require unmarketable material from the regulated | ||
premises to be stockpiled on the premises and used as backfill for | ||
site restoration; | ||
(6) prohibit the inclusion of material not excavated | ||
from the regulated premises in the backfill used for site | ||
restoration; | ||
(7) prohibit the stockpiling of unmarketable material | ||
at a horizontal to vertical slope greater than a 3 to 1 ratio; | ||
(8) require surface soil removed during sand mining | ||
operations at the regulated premises to be used as the uppermost | ||
layer of the final reclamation grade; | ||
(9) require a reclaimed area to be left for successive | ||
vegetation growth after final reclamation grade standards have been | ||
satisfied; and | ||
(10) encourage the construction of ponds to catch | ||
runoff in locations that are outside critical runoff zones for | ||
rivers. | ||
(b) Notwithstanding Subsection (a), the commission may | ||
adopt alternative standards for sand mining operations that began | ||
before September 1, 2019, and are unable to comply with the | ||
requirements of Subsection (a), provided that the alternative | ||
standards must: | ||
(1) provide for the protection of surface water, | ||
groundwater, agricultural land, wildlife habitat, and wetlands; | ||
and | ||
(2) include standards relating to grading and slopes | ||
of reclaimed areas, the composition of backfill used for site | ||
restoration, topsoil management, site stabilization, and | ||
revegetation. | ||
Sec. 135.0104. LOCAL ENFORCEMENT OF PERMIT STANDARDS. (a) | ||
A county shall adopt a program for the enforcement of the standards | ||
adopted under this chapter for sand mining operations located in | ||
unincorporated areas of the county that are subject to this | ||
chapter. | ||
(b) A municipality may adopt a program for the enforcement | ||
of the standards adopted under this chapter for sand mining | ||
operations located in the municipality that are subject to this | ||
chapter. | ||
(c) A program adopted by a county or a municipality under | ||
this section must provide for the inspection of sand mining | ||
operations that are subject to this chapter to assure compliance | ||
with the standards adopted under this chapter. | ||
(d) A county or a municipality that adopts a program under | ||
this section may: | ||
(1) require a sand mining operation to submit for | ||
approval by the county or municipality, as appropriate, the site | ||
reclamation plan submitted to the commission with the permit | ||
application under Section 135.0102, before sand mining operations | ||
may take place at the premises that is the subject of the | ||
reclamation plan; and | ||
(2) charge a fee for the review and approval of the | ||
plan. | ||
SECTION 2. Subchapter D, Chapter 23, Tax Code, is amended by | ||
adding Section 23.526 to read as follows: | ||
Sec. 23.526. TEMPORARY CESSATION OF AGRICULTURAL USE FOR | ||
SAND MINING OPERATION. (a) The eligibility of land for appraisal | ||
under this subchapter does not end because the land ceases to be | ||
devoted principally to agricultural use to the degree of intensity | ||
generally accepted in the area if: | ||
(1) the owner of the land intends that the use of the | ||
land in that manner and to that degree of intensity be resumed; | ||
(2) the land is used for a sand mining operation for | ||
which a permit is issued under Chapter 135, Natural Resources Code; | ||
and | ||
(3) the land is reclaimed in the manner required by | ||
Chapter 135, Natural Resources Code, not later than the first | ||
anniversary of the date sand mining operations began on the land. | ||
(b) The owner of land to which this section applies must | ||
notify the appraisal office in writing not later than the 30th day | ||
after the date sand mining operations begin on the land that the | ||
owner intends to ensure that the requirements of Subsection (a) are | ||
met. | ||
SECTION 3. (a) This section applies only to land on which a | ||
sand mining operation began before the effective date of this Act. | ||
(b) Notwithstanding Section 23.526(b), Tax Code, as added | ||
by this Act, the eligibility of the land for appraisal under | ||
Subchapter D, Chapter 23, Tax Code, does not end because the land | ||
ceases to be devoted principally to agricultural use to the degree | ||
of intensity generally accepted in the area if: | ||
(1) the owner of the land provides the notice required | ||
by Section 23.526(b), Tax Code, as added by this Act, not later than | ||
the 90th day after the effective date of this Act; and | ||
(2) the chief appraiser of the appraisal district in | ||
which the land is located has not, as of the effective date of this | ||
Act, made a determination under Section 23.55, Tax Code, that a | ||
change in use of the land has occurred. | ||
SECTION 4. 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, 2019. |