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.