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.