By Solomons                                           H.B. No. 2134
         76R6418 JJT-D                           
                                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.  Notwithstanding any other law, the commission may
 1-8     not issue a permit  for a new concrete batch plant the outer
 1-9     perimeter of which would be located less than two miles from:
1-10                 (1)  a residence that is in a residential area that is
1-11     established and substantially inhabited before the application for
1-12     the permit is filed; or
1-13                 (2)  a school.
1-14           SECTION 2.  (a)  This Act applies only to a proceeding of the
1-15     Texas Natural Resource Conservation Commission that relates to an
1-16     application for a permit for a concrete batch plant that is filed
1-17     on or after the effective date of this Act.
1-18           (b)  An application for a permit for a concrete batch plant
1-19     that is filed before the effective date of this Act is governed by
1-20     the law as it existed immediately before the effective date of this
1-21     Act, and the former law is continued in effect for that purpose.
1-22           SECTION 3.  The importance of this legislation and the
1-23     crowded condition of the calendars in both houses create an
1-24     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended,
 2-3     and that this Act take effect and be in force from and after its
 2-4     passage, and it is so enacted.