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.