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A BILL TO BE ENTITLED
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AN ACT
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relating to who may request a public hearing from the Texas |
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Commission on Environmental Quality related to the construction of |
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a concrete plant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) In this subsection, "representative" means a person in a |
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decision-making capacity with fiduciary responsibility, or that |
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person's designee. For purposes of this section, only a |
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representative of a school, place of worship, licensed day-care |
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center, hospital, or medical facility located within 440 yards of |
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the proposed plant or a person [those persons actually] residing in |
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a permanent residence within 440 yards of the proposed plant may |
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request a hearing under Section 382.056 as a person who may be |
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affected. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit that is submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for a permit that was submitted to the |
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Texas Commission on Environmental Quality before the effective date |
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of this Act is governed by the law in effect at the time the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |