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.