Amend CSHB 2877 by adding four appropriately numbered
sections as follows, and renumbering all other sections
accordingly:
AMENDMENT SECTION 1. Section 382.056(r), Health and Safety
Code, is amended 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 facility described by Section 382.065(c),
unless that facility is in a county with a population of 2.4 million
or more or in a county adjacent to such a county.
AMENDMENT SECTION 2. Section 382.056, Health and Safety
Code, as added by Chapter 965, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
Section 382.065. CERTAIN LOCATIONS FOR OPERATING CONCRETE
CRUSHING FACILITY PROHIBITED. (a) The commission by rule shall
prohibit the [location of or] operation of a concrete crushing
facility at a location within 440 yards of a building in use [used]
as a single or multifamily residence, school, or place of worship at
the time the application for a permit to operate the facility at a
site near the residence, school, or place of worship is filed with
the commission. The measurement of distance for purposes of this
subsection shall be taken from the point on the concrete crushing
facility that is nearest to the residence, school, or place of
worship toward the point on the residence, school, or place of
worship that is nearest the concrete crushing facility.
(b) Subsection (a) [This section] does not apply to a [an
existing] concrete crushing facility:
(1) at a location for which commission authorization
for the operation of a concrete crushing facility was in effect on
September 1, 2001; or
(2) at a location that satisfies the distance
requirements of Subsection (a) at the time the application for the
initial authorization for the operation of that facility at that
location is filed with the commission, provided that the
authorization is granted and maintained, regardless of whether a
single or multifamily residence, school, or place of worship is
subsequently built or put to use within 440 yards of the facility.
(c) Except as provided by Subsection (d), Subsection (a)
does not apply to a concrete crushing facility that:
(1) is engaged in crushing concrete and other
materials produced by the demolition of a structure at the location
of the structure and the concrete and other materials are being
crushed primarily for use at that location;
(2) operates at that location for not more than 180
days;
(3) the commission determines will cause no adverse
environmental or health effects by operating at that location; and
(4) complies with conditions stated in commission
rules, including operating conditions.
(d) Notwithstanding Subsection (c), Subsection (a) applies
to a concrete crushing facility in a county with a population of 2.4
million or more or in a county adjacent to such a county.
AMENDMENT SECTION 3. The Texas Commission on Environmental
Quality shall adopt rules to implement Section 382.065, Health and
Safety Code, as amended by this Act, as soon as practicable and not
later than January 1, 2004.
AMENDMENT SECTION 4. A change in law made by this Act the
effect of which is to restrict the location or operation of a
concrete crushing facility does not apply to a facility for which an
application for authorization to operate at a particular location
is filed before the effective date of this Act.