Enrolled Bill Summary

            House Bill 1287 amends provisions of the Health and Safety Code relating to the Texas Commission on Environmental Quality's authority to prohibit the location of concrete crushing facilities within a certain distance of a residence, school, or church currently in use. The bill limits the commission's authority to the operation of the facility, rather than its location or operation, at the time the application for a permit to operate the facility is filed with the commission. The bill exempts a concrete crushing facility at a location for which commission authorization was in effect on September 1, 2001, or at a location that maintains distance requirements at the time of initial commission authorization regardless of whether a residence, school, or church is subsequently built or put to use within a certain distance of the facility. A concrete crushing facility that operates at a location for up to 180 days for the purpose of crushing materials produced by the demolition of a structure at the location is also exempt, provided that the commission determines that there will be no adverse environmental or health effects and the facility complies with all applicable rules. Otherwise, the prohibition on certain locations applies to a concrete crushing facility in a county with a population of 2.4 million or more or in a county adjacent to such a county. The bill exempts a portable facility from the requirement to publish notice of intent to obtain a permit, permit amendment, or permit review under the Texas Clean Air Act if the facility moves to a site where a portable facility has been located any time during the previous two years. A concrete crushing facility that operates at a location for up to 180 days for the purpose of crushing materials produced by the demolition of a structure at the location is also exempt from the notice requirement unless the facility is in a county with a population of 2.4 million or more or in a county adjacent to such a county.