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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to regulate certain land uses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 231, Local Government Code, is amended |
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by adding Subchapter N to read as follows: |
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SUBCHAPTER N. REGULATION OF CERTAIN INDUSTRIAL PROJECTS AND |
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OFFENSIVE LAND USES |
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Sec. 231.301. DEFINITIONS. In this subchapter: |
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(1) "Alternative energy facility" means: |
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(A) a wind power facility as defined by Section |
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301.0001, Utilities Code; |
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(B) a solar power facility as defined by Section |
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302.0001, Utilities Code; or |
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(C) a battery storage facility. |
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(2) "Industrial project" includes the construction or |
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operation of an electric generating facility, alternative energy |
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facility, or manufacturing facility. |
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(3) "Offensive land use" includes a concrete plant, |
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concrete crushing facility, landfill, solid waste transfer |
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station, or automotive wrecking and salvage yard. |
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Sec. 231.302. PERMIT REQUIRED. Notwithstanding any other |
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law, a person may not begin the construction or operation of an |
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industrial project or offensive land use in the unincorporated area |
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of a county unless the person obtains a permit from the |
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commissioners court of the county. |
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Sec. 231.303. COUNTY INDUSTRIAL PROJECT PERMITTING |
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PROCESS. (a) A commissioners court of a county shall by order |
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establish a procedure to review and approve an application for a |
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permit to build or operate an industrial project. |
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(b) If a commissioners court by order finds that a proposed |
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project requires substantial infrastructure or resources, the |
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commissioners court may by order determine that the project |
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constitutes an industrial project for purposes of the permit |
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requirement under this subchapter. |
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(c) A permitting procedure established by a county under |
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this subchapter must: |
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(1) require the permit be issued by order of the |
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commissioners court; and |
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(2) provide for at least two public hearings, held no |
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less than two weeks and no more than two months apart. |
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(d) In issuing a permit, a commissioners court must |
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consider: |
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(1) the compatibility of the proposed project with |
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existing land uses in the surrounding area; |
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(2) the potential impact of the proposed project on: |
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(A) public health and safety; |
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(B) air, water, and soil quality; and |
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(C) local infrastructure, including roads, |
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utilities, and emergency services; |
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(3) public comment and input from county residents and |
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other stakeholders; and |
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(4) other factors that the commissioners court |
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determines are relevant to balancing the interest in development |
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and the welfare of the community. |
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(e) A permit issued under this section may include |
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conditions and requirements that the commissioners court |
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determines are necessary to mitigate potential negative effects of |
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the project for which a permit is sought, including a requirement |
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that the applicant implement measures for: |
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(1) protecting public health and safety, including |
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providing necessary training and equipment for emergency services; |
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(2) local infrastructure improvement or maintenance; |
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(3) ensuring air, water, and soil quality; and |
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(4) noise reduction. |
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(f) A commissioners court may revoke, suspend, or deny |
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renewal of a permit issued under this subchapter if the |
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commissioners court by order finds that: |
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(1) the permit holder has violated the terms of the |
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permit; or |
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(2) the permitted project causes undue harm to the |
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surrounding area or community. |
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Sec. 231.304. ENFORCEMENT. The commissioners court of a |
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county may adopt orders to enforce this subchapter or an order |
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adopted under this subchapter. |
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SECTION 2. This Act takes effect September 1, 2025. |