77R14317 MI-F By Denny, Solomons, Crownover H.B. No. 3560 Substitute the following for H.B. No. 3560: By Chisum C.S.H.B. No. 3560 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the location of certain concrete and asphalt 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 Code, 1-5 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 HOT MIX ASPHALT PLANTS. (a) Notwithstanding any other law, the 1-8 commission may not issue a permit, standard permit, or permit by 1-9 rule for a nonpermanent concrete or hot mix asphalt plant if the 1-10 proposed plant is to be located within 440 yards of a residence or 1-11 other habitable structure that is occupied, is available for 1-12 occupation, or is used by a person other than the proposed plant 1-13 operator or permit applicant unless the operator or applicant will 1-14 use a suction shroud or other pickup device installed at the batch 1-15 drop point. 1-16 (b) The commission shall adopt rules to implement this 1-17 section. 1-18 SECTION 2. (a) The change in law made by this Act does not 1-19 apply to a nonpermanent concrete or hot mix asphalt plant that is 1-20 within the area described by Section 382.0535, Health and Safety 1-21 Code, as added by this Act, if: 1-22 (1) a permit was issued for the plant before September 1-23 1, 2001; or 1-24 (2) an application for a permit for the plant is 2-1 pending before the Texas Natural Resource Conservation Commission 2-2 on September 1, 2001. 2-3 (b) The exemption prescribed by Subsection (a)(2) of this 2-4 section terminates if the pending permit application is denied by 2-5 the Texas Natural Resource Conservation Commission. 2-6 SECTION 3. This Act takes effect September 1, 2001.