By Denny H.B. No. 3560
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 certain concrete, asphalt, and rock
1-3 crushing plants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 382, Health and Safety Code,
1-6 is amended by adding Section 382.0535 to read as follows:
1-7 Sec. 382.0535. PROHIBITION ON PERMIT FOR CERTAIN CONCRETE,
1-8 HOT MIX ASPHALT, OR ROCK CRUSHING PLANTS. (a) Notwithstanding any
1-9 other law, the commission may not issue a permit, standard permit
1-10 or permit by rule for a new concrete, hot mix asphalt, or rock
1-11 crushing plant where the outer perimeter of all sources of emission
1-12 would be located less than one mile from a public school or a
1-13 private school accredited by an accrediting organization recognized
1-14 for that purpose by the commissioner of education if the board of
1-15 trustees of the school district where the public school is located
1-16 or if the governing body of the private school:
1-17 (1) provides written notice to the commission before
1-18 the comment period for the permit, standard permit or permit by
1-19 rule or standard permit exemption expires; and
1-20 (2) the notice in Subdivision (1) expressly objects to
1-21 the issuance of the permit, standard permit or permit by rule or
1-22 standard exemption.
1-23 (b) Notwithstanding any other law, the commission may not
2-1 issue a permit, standard permit or permit by rule or exemption for
2-2 a new concrete, hot mix asphalt or rock crushing plant where the
2-3 outer perimeter of all sources of emission would be located less
2-4 than one mile form a residence or other inhabitable structure that
2-5 is occupied or used by a person other than the operator of the
2-6 proposed new concrete, hot mix asphalt or rock crushing plant or
2-7 the owner or operator of the property on which the proposed new
2-8 concrete, hot mix asphalt or rock crushing plant is to be located.
2-9 (c) The commission shall adopt rules to implement this
2-10 section. This section does not apply to the location of a
2-11 temporary or non permanent concrete batch plant used to facilitate
2-12 a public works project authorized by the state or a political
2-13 subdivision of the state.
2-14 (d) This section applies in a county with a population of
2-15 500,000 or more or a county adjacent to a county with a population
2-16 of 500,000 or more.
2-17 SECTION 2. (a) This Act does not apply to a proceeding of
2-18 the Texas Natural Resource Conservation Commission that relates to
2-19 an application for a permit or exemption for a concrete batch plant
2-20 that, on the effective date of this Act, is substantially
2-21 constructed and a permit has been issued.
2-22 (b) An application for a permit or exemption for a concrete
2-23 batch plant that, before the effective date of this Act, is
2-24 substantially constructed, is governed by the law as it existed
2-25 immediately before the effective date of this Act, and the former
2-26 law is continued in effect for that purpose.
3-1 SECTION 3. This Act takes effect September 1, 2001.