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.