H.B. 1287 78(R)    BILL ANALYSIS


H.B. 1287
By: Chisum
Environmental Regulation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Texas Health and Safety Code contains the following restrictions on
concrete crushing facilities: (a) The commission by rule shall prohibit
the location of or operation of a concrete crushing facility within 440
yards of a building used as a single or multifamily residence, school, or
place or worship.  (b) This section does not apply to an existing concrete
crushing facility. 

Tex. Health & Safety Code   382.065.  This restriction on "the location
of" concrete crushing facilities is inconsistent with the Texas Commission
on Environmental Quality's ("TCEQ's") authority regarding air pollution
control in the State of Texas. 

The TCEQ is charged with establishing the level of quality to be
maintained in the state's air and controlling the quality  of the state's
air.  See Tex. and Health Code   382.011.  The TCEQ carries out its
responsibilities by issuing permits (1) to construct and (2) to operate
facilities.  See Tex. Health & Safety Code   382.051 (a).  By restricting
the location of a concrete crushing facility, whether or not that facility
is operating, the above-quoted section of the Health and Safety Code
restricts concrete crushing facilities in a manner unlike other activities
in the state. 

Many concrete crushing operations are portable facilities, designed to be
moved from one authorized location to another, based on the location of
the source concrete to be crushed.  Between jobs, such portable concrete
crushing facilities may be located at a site despite the fact that the
owner or operator of the facility has no intention of operating the
concrete crusher at that location--essentially in storage.  Section
382.065 of the Health & Safety Code, however, prohibits concrete crushing
facilities from being located within 440 yards of a building used as a
residence, school or place of worship, without regard to whether those
facilities are operating.  Thus, Section 382.065 would prohibit the cold
storage of concrete facilities in one of those locations, even if the
facilities were not going to emit air contaminants. 

This restriction on "the location of" concrete crushing facilities in
section 382.065 of the Texas Health & Safety Code extends beyond the
TCEQ's normal authority and regulates the location of equipment  that may
not emit air contaminates.  Removing that phrase from section 382.065
would properly limit the Texas Health & Safety Code restriction to
concrete crushing activities that may serve as a source of air
contaminants. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Tex. Health & Safety Code   382.065 (a) to clarify that
the prohibitions contained in such section apply to activities that may
serve as a source of air contaminants and not the mere location or storage
of non-operating equipment. 

SECTION 2.  Effective immediately, or if the Act does not receive the
necessary vote the Act takes effect September 1, 2003. 

EFFECTIVE DATE

Effective immediately, or if the Act does not receive the necessary vote
the Act takes effect September 1, 2003.