By Edwards                                            H.B. No. 3119
         77R7104 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of mobile rock crushing machines.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subchapter C, Chapter 382, Health and Safety Code,
 1-5     is amended by adding Section 382.0585 to read as follows:
 1-6           Sec. 382.0585.  CONTESTED CASE HEARING FOR PERMIT APPLICATION
 1-7     FOR OR RELOCATION OF ROCK CRUSHER. (a)  Notwithstanding Subchapter
 1-8     M, Chapter 5, Water Code, as added by Chapter 1350, Acts of the
 1-9     76th Legislature, Regular Session, 1999, the commission by rule
1-10     shall provide that a mobile rock crusher may not operate in a new
1-11     location until after a contested case hearing on the rock crusher's
1-12     permit to operate in the new location if a member of the house of
1-13     representatives or a senator requests the hearing.
1-14           (b)  Rules adopted under this section must provide for:
1-15                 (1)  notice of the hearing to residents and businesses
1-16     that might be affected by the location or operation of the rock
1-17     crusher;
1-18                 (2)  an opportunity for public participation at the
1-19     hearing;
1-20                 (3)  an opportunity for any person with a justiciable
1-21     interest in the location or operation of the rock crusher to be a
1-22     party to the hearing; and
1-23                 (4)  the presentation of evidence regarding the effects
1-24     of the rock crusher's operations on air quality and health.
 2-1           SECTION 2.  The Texas Natural Resource Conservation
 2-2     Commission shall adopt rules under Section 382.0585, Health and
 2-3     Safety Code, as added by this Act, as soon as practicable after the
 2-4     effective date of this Act.
 2-5           SECTION 3.  This Act takes effect immediately if it receives
 2-6     a vote of two-thirds of all the members elected to each house, as
 2-7     provided by Section 39, Article III, Texas Constitution.  If this
 2-8     Act does not receive the vote necessary for immediate effect, this
 2-9     Act takes effect September 1, 2001.