Bill Text: TX HB2991 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to municipal regulation of minimum setback requirements for mineral exploration and development activities, including providing for and recording of waivers from those requirements.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB2991 Detail]
Download: Texas-2015-HB2991-Comm_Sub.html
| 84R28001 PAM-F | |||
| By: Paddie, Keffer | H.B. No. 2991 | ||
| Substitute the following for H.B. No. 2991: | |||
| By: Paddie | C.S.H.B. No. 2991 | ||
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| relating to municipal regulation of minimum setback requirements | ||
| for mineral exploration and development activities, including | ||
| providing for and recording of waivers from those requirements. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 212, Local Government | ||
| Code, is amended by adding Section 212.905 to read as follows: | ||
| Sec. 212.905. REGULATION OF MINIMUM SETBACK REQUIREMENTS | ||
| FOR MINERAL EXPLORATION AND DEVELOPMENT ACTIVITIES; WAIVER. (a) | ||
| This section applies to a municipality that adopts or has adopted an | ||
| ordinance that requires a minimum distance that must be maintained | ||
| between land used for mineral exploration and development | ||
| activities and a school, regular place of worship, residence, | ||
| residential neighborhood, public park, or other land use specified | ||
| by the ordinance. | ||
| (b) Except as provided by Subsection (c), a municipality | ||
| shall apply an ordinance described by Subsection (a) uniformly to | ||
| subsequent development of a land use specified by the ordinance and | ||
| land used for mineral exploration and development activities within | ||
| the municipality's corporate boundaries. | ||
| (c) A person with authority to develop or otherwise use a | ||
| tract of land may submit a request to the municipality to grant a | ||
| waiver to allow the development or other use of land that is located | ||
| within the minimum distance area. | ||
| (d) A municipality that grants a waiver requested as | ||
| provided by Subsection (c) shall file a notice of the waiver in the | ||
| real property records of the county in which the land subject to the | ||
| waiver is located. The notice filed under this subsection must: | ||
| (1) include a description legally sufficient for | ||
| identification of the land subject to the waiver; and | ||
| (2) state that the person granted the waiver was | ||
| informed of the minimum distance required by municipal ordinance | ||
| and voluntarily requested a waiver of the minimum distance. | ||
| SECTION 2. 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, 2015. | ||
