TITLE: Relating to the regulation of aggregate production operations by the commissioners court in certain counties.

SUMMARY: Relating to the regulation of aggregate production operations by the commissioners court in certain counties.

FULL TEXT:
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.