Amend CSHB 555, in SECTION 1 of the bill, by striking SECTION
1 in its entirety and replacing it with a new SECTION 1 to read as
follows:
SECTION 1. Section 382.056, Health and Safety Code, is
amended by amending Subsection (r) and adding Subsections (s), and
(t) to read as follows:
(r) This section does not apply to:
(1) the relocation or change of location of a
portable facility to a site where a portable facility [permitted by
the commission is located if no portable facility] has been located
at the proposed site at any time during the previous two years; or
(2) a facility located temporarily in the
right-of-way, or contiguous to the right-of-way, of a public works
project; or
(3) a portable facility or rock crushing facility
subject to Subsection (s).
(s) The commission may not issue a permit, permit amendment,
or other authorization for a portable facility or rock crushing
facility that will be associated with blasting operations that are
or will be located over an aquifer comprised in whole or in part of
water-bearing limestone or dolomite that is the primary source of
drinking water for a municipality if the facility will be located in
a county adjacent to a county with a population of 500,000 or more
and in which is located a portion of a water body into which a
discharge is prohibited by the commission under 30 T.A.C. Chapter
311. Within 30 days of the date the commission determines that an
application has been filed for a permit or permit amendment that is
prohibited from being issued pursuant to this subsection, the
commission shall mail notice of intent to obtain a permit to the
affected municipality of its receipt of the application.
(t) For any permit application subject to this section, the
measurement of distances to determine compliance with any location
or distance restriction required by this chapter shall be taken
toward structures that are in use as of the date that the
application is filed with the commission.