By Denny                                              H.B. No. 3401
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the location of concrete or asphalt 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 OR
 1-7     ASPHALT BATCH PLANTS.  (a)  Notwithstanding any other law, the
 1-8     commission may not issue a permit or exemption for a new concrete
 1-9     or asphalt batch plant the outer perimeter of which would be
1-10     located less than one mile from a public school or a private school
1-11     accredited by an accrediting organization recognized for that
1-12     purpose by the commissioner of education if the board of trustees
1-13     of the school district where the public school is located or if the
1-14     governing 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)  Notwithstanding any other law, the commission may not
1-21     issue a permit or exemption for a new concrete or asphalt batch
1-22     plant the outer perimeter of which would be located less than one
1-23     mile from a residence or other structure that is occupied or used
 2-1     by a person other than the operator of the proposed concrete or
 2-2     asphalt batch plant or the owner of the property on which the
 2-3     proposed concrete or asphalt batch plant is to be located.
 2-4           (c)  The commission shall adopt rules to implement this
 2-5     section.
 2-6           (d)  This section applies in a county with a population of
 2-7     500,000 or more or a county adjacent to a county with a population
 2-8     of 500,000 or more.
 2-9           SECTION 2.  (a)  This Act does not apply to a proceeding of
2-10     the Texas Natural Resource Conservation Commission that relates to
2-11     an application for a permit or exemption for a concrete batch plant
2-12     that, on the effective date of this Act, is substantially
2-13     constructed and a permit has been issued.
2-14           (b)  An application for a permit or exemption for a concrete
2-15     batch plant that, before the effective date of this Act, is
2-16     substantially constructed, is governed by the law as it existed
2-17     immediately before the effective date of this Act, and the former
2-18     law is continued in effect for that purpose.
2-19           SECTION 3.  This Act takes effect September 1, 2001.