By Solomons                                     H.B. No. 1491

      75R3629 JJT-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to permits for concrete batch plants.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 382, Health and Safety

 1-5     Code, is amended by adding Section 382.0535 to read as follows:

 1-6           Sec. 382.0535.  PERSONS AFFECTED BY CONCRETE BATCH PLANT.

 1-7     Notwithstanding any other law, the commission shall consider as a

 1-8     party affected by an application for a permit for a concrete batch

 1-9     plant a person who:

1-10                 (1)  resides two miles or less from the outer perimeter

1-11     of the proposed facility; or

1-12                 (2)  owns or operates a place of worship, school,

1-13     hospital facility, nursing facility, or child care facility located

1-14     two miles or less from the outer perimeter of the proposed

1-15     facility.

1-16           SECTION 2.  This Act takes effect September 1, 1997, and

1-17     applies only to a proceeding of the Texas Natural Resource

1-18     Conservation Commission that relates to an application for a permit

1-19     for a concrete batch plant that is filed on or after that date.

1-20     The affected party status of any person in  relation to a

1-21     proceeding of the Texas Natural Resource Conservation Commission

1-22     that relates to an application filed before the effective date of

1-23     this Act is governed by the law in effect at the time the

1-24     application was filed, and that law is continued in effect for that

 2-1     purpose.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.