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.