HBA-MPM C.S.H.B. 2134 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2134
By: Solomons
Environmental Regulation
4/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The volume of cement truck traffic associated with a concrete batch plant
may pose the risk of accidents, especially when the plant is built in
proximity to a school.  C.S.H.B. 2134 prohibits the Texas Natural Resource
Conservation Commission from issuing a permit or exemption for a new
concrete batch plant within a one-mile radius of a public or private
school, unless the board of trustees of the school district where the
public school is located or the governing body of the private school
provides written notice to TNRCC before the comment period for the permit
or standard exemption expires and expressly objects to the construction of
the batch plant. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 382, Health and Safety Code, by
adding Section 382.0535, as follows: 

Sec. 382.0535.  PROHIBITION ON PERMIT FOR CERTAIN CONCRETE BATCH PLANTS.
(a)  Prohibits the Texas Natural Resource Conservation Commission (TNRCC),
notwithstanding any other law, from issuing a permit or exemption for a new
concrete batch plant, the outer perimeter of which would be located less
than one mile from a public or private school accredited by an accrediting
organization unless the applicant has obtained from the board of trustees
of the school district where the public school is located, or the governing
body of the private school, the following: 

(1) written notice to TNRCC before the comment period for the permit or
standard exemption expires; and 
(2) that this notice expressly objects to the issuance of the permit or
standard exemption. 

(b)  Makes this section inapplicable to the location of a temporary
concrete batch plant used to facilitate a public works project authorized
by the state or a political subdivision of the state. 

SECTION 2.  (a)  Makes this Act inapplicable to a proceeding of TNRCC that
relates to an application for a permit or exemption for a concrete batch
plant that, on the effective date of this Act, is substantially
constructed. 

(b)  Makes application of this Act prospective with respect to a concrete
batch plant that is substantially constructed as of the effective date of
the Act. 

SECTION 3.Emergency clause.
  Effective date: upon passage.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2134 modifies the original bill by adding new Subsections (a) to
proposed Section 382.0535 in SECTION 1 to prohibit the Texas Natural
Resource Conservation Commission (TNRCC) from issuing a permit or exemption
for a new concrete batch plant if the outer parameter is located less than
one mile, rather than two miles, from a public or private school, unless
the applicant has obtained from the board of trustees of the school
district where the public school is located, or the governing body of the
private school, written notice to TNRCC before the comment period for the
permit or standard exemption expires, and this notice expressly objects to
the issuance of the permit or standard exemption.  The substitute adds new
Subsection (b) to proposed Section 382.0535 to make this section
inapplicable to the location of a temporary concrete batch plant used to
facilitate a public works project authorized by the state or a political
subdivision of the state. Furthermore, the substitute deletes language in
the original bill prohibiting the commission from issuing a plant permit
for a new concrete batch plant within two miles of a residence that is in a
residential area that is established and substantially inhabited prior to
the filing of the application. 

SECTION 2 is modified in which the original provided that this Act did not
apply to a permit for a concrete batch plant filed before the effective
date of the Act.  This substitute makes this Act inapplicable to a TNRCC
proceeding relating to an application for a permit or exemption for a
concrete batch plant which is substantially constructed as of the effective
date of the Act.  Makes conforming changes.