SRC-MWN S.B. 1390 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1390
By: Brown, J. E. "Buster"
Natural Resources
5/31/2001
Enrolled


DIGEST AND PURPOSE 

Currently there are several concrete batch plants operating in Texas
without the necessary operating permits. S.B. 1390 directs the Texas
Natural Resource Conservation Commission (TNRCC) to impose penalties and
immediately shut down operations at a facility that lacks the required
permits. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5L, Water Code, by adding Section 5.5145, as
follows: 

Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF CONCRETE PLANT WITHOUT
PERMIT. Requires the Texas Natural Resource Conservation Commission
(commission) to issue an emergency order under this subchapter suspending
operations of a concrete plant that performs wet batching, dry batching, or
central mixing and is required to obtain a permit under Section 382.0518
(Preconstruction Permit), Health and Safety Code, and is operating without
the necessary permit. 

SECTION 2. Amends Section 7.052, Water Code, by adding Subsection (b),
relettering existing Subsection (b) as Subsection (c), and amending and
relettering existing Subsection (c) as Subsection (d), to provide that the
amount of the penalty for operating a concrete plant that performs wet
batching, dry batching, or central mixing, is required to obtain a permit
under Section 382.0518, Health and Safety Code, and is operating without
the required permit is $10,000. Provides that each day that a continuing
violation occurs is a separate violation. Makes a conforming change. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2001.