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A BILL TO BE ENTITLED
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AN ACT
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relating to a motion to overturn an executive director decision on |
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an authorization to use a standard permit for certain concrete |
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plants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 382.05199, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH |
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PLANTS: PROCEDURAL PROVISIONS [NOTICE AND HEARING]. |
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SECTION 2. Section 382.05199, Health and Safety Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) A person may file with the commission a motion to |
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overturn as described by commission rule to challenge an executive |
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director's final decision on an authorization to use a standard |
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permit under Section 382.05198. |
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SECTION 3. The heading to Section 382.058, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 382.058. CERTAIN PROCEDURAL PROVISIONS FOR [NOTICE OF |
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AND HEARING ON] CONSTRUCTION OF CONCRETE PLANT UNDER PERMIT BY |
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RULE, STANDARD PERMIT, OR EXEMPTION. |
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SECTION 4. Section 382.058, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A person may file with the commission a motion to |
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overturn as described by commission rule to challenge an executive |
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director's final decision on an authorization to use a standard |
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permit issued under Section 382.05195 for a concrete plant that |
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performs wet batching, dry batching, or central mixing. |
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SECTION 5. The Texas Commission on Environmental Quality |
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shall adopt rules to implement the changes in law made by this Act |
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not later than December 31, 2023. |
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SECTION 6. The changes in law made by this Act apply only to |
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an application for an authorization to use a standard permit that is |
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submitted to the Texas Commission on Environmental Quality on or |
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after December 31, 2023. An application that was submitted to the |
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Texas Commission on Environmental Quality before that date is |
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governed by the law in effect at the time the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |