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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a certification program for public |
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work contracting purposes for operators of certain facilities that |
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emit air contaminants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.069 to read as follows: |
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Sec. 382.069. BEST PRACTICES OPERATOR CERTIFICATION FOR |
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AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a) |
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The commission by rule shall establish a certification program for |
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operators of facilities that have been issued a permit or an |
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authorization to use a permit under this chapter for: |
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(1) the production of aggregates, as defined by |
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Section 28A.001, Water Code; or |
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(2) the operation of a concrete plant that performs |
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wet batching, dry batching, or central mixing. |
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(b) The commission shall adopt best management practices |
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for operators of facilities described by Subsection (a), including |
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practices for air quality monitoring, water use, and blasting at |
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facilities. |
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(c) If the commission inspects a facility when determining |
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whether to grant or renew a permit or authorization to use a permit |
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for the facility under this chapter, the commission shall inspect |
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practices at the facility at that time for compliance with the best |
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management practices adopted under this section. The commission |
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shall: |
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(1) certify the operator of the facility under this |
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section as a best practices operator if the commission determines |
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that the operator has complied with the best management practices |
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in the operation of the facility; or |
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(2) notify the operator of the facility that the |
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facility cannot be certified at that time if the commission |
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determines that the operator has not complied with the best |
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management practices in the operation of the facility. |
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(d) If the commission determines that an operator certified |
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under this section is not complying with the best management |
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practices in the operation of a facility that was the basis of the |
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certification, the commission shall: |
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(1) notify the operator; and |
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(2) revoke the certification if the operator does not |
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comply with the best management practices at the facility before |
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the 90th day after the date of the notification. |
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(e) At the request of the operator of the facility, the |
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commission shall reinspect a facility for potential: |
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(1) certification after an initial inspection if the |
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commission finds at the initial inspection that the operator is not |
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eligible for certification; or |
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(2) recertification after the revocation of the |
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certification under Subsection (d). |
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(f) The commission may not impose a penalty under this |
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chapter or Chapter 7, Water Code, for a violation of a best |
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management practice adopted under this section. |
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SECTION 2. Subchapter B, Chapter 2269, Government Code, is |
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amended by adding Section 2269.061 to read as follows: |
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Sec. 2269.061. REQUIRED STATEMENT FOR BIDS AND PROPOSALS |
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INVOLVING AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH |
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PLANTS. (a) This section applies only to a public work contract |
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requiring goods or services of an operator of a facility that has |
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been issued a permit or an authorization to use a permit under |
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Chapter 382, Health and Safety Code, for: |
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(1) the production of aggregates, as defined by |
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Section 28A.001, Water Code; or |
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(2) the operation of a concrete plant that performs |
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wet batching, dry batching, or central mixing. |
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(b) A person who submits a bid or proposal under this |
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chapter for a public work contract to which this section applies |
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shall include in the bid or proposal a statement that any operator |
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of a facility described by Subsection (a) supplying goods or |
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services under the contract will hold a certification under Section |
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382.069, Health and Safety Code. |
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SECTION 3. Section 2269.061, Government Code, as added by |
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this Act, applies only to a contract for which a governmental entity |
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first advertises or otherwise solicits bids or proposals on or |
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after September 1, 2028. |
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SECTION 4. This Act takes effect September 1, 2025. |