Amend CSSB 1952 in PART 8 of the bill, ARTICLE 8B (House 
Committee Report, page 197, lines 11-19), by striking SECTION 8B.23 
and substituting the following:
	SECTION 8B.23.  (a)  Section 382.065, Health and Safety 
Code, as added by Chapter 965, Acts of the 77th Legislature, Regular 
Session, 2001, is amended to read as follows:
	Sec. 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 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.
	(b)  A change in law made by this section 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 section.