76R11190 E
By Solomons H.B. No. 2134
Substitute the following for H.B. No. 2134:
By Zbranek C.S.H.B. No. 2134
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the location of 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. PROHIBITION ON PERMIT FOR CERTAIN CONCRETE
1-7 BATCH PLANTS. (a) Notwithstanding any other law, the commission
1-8 may not issue a permit or exemption for a new concrete batch plant
1-9 the outer perimeter of which would be located less than one mile
1-10 from a public school or a private school accredited by an
1-11 accrediting organization recognized for that purpose by the
1-12 commissioner of education if the board of trustees of the school
1-13 district where the public school is located or if the governing
1-14 body of the private school:
1-15 (1) provides written notice to the commission before
1-16 the comment period for the permit or standard exemption expires;
1-17 and
1-18 (2) the notice in Subdivision (1) expressly objects to
1-19 the issuance of the permit or standard exemption.
1-20 (b) This section does not apply to the location of a
1-21 temporary concrete batch plant used to facilitate a public works
1-22 project authorized by the state or a political subdivision of the
1-23 state.
1-24 SECTION 2. (a) This Act does not apply to a proceeding of
2-1 the Texas Natural Resource Conservation Commission that relates to
2-2 an application for a permit or exemption for a concrete batch plant
2-3 that, on the effective date of this Act, is substantially
2-4 constructed.
2-5 (b) An application for a permit or exemption for a concrete
2-6 batch plant that, before the effective date of this Act, is
2-7 substantially constructed, is governed by the law as it existed
2-8 immediately before the effective date of this Act, and the former
2-9 law is continued in effect for that purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.