SRC-VRA C.S.H.B. 1287 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1287
78R15830 MI-FBy: Chisum (Madla)
Intergovernmental Relations
5/21/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently the Texas Commission on Environmental Quality is required to
prohibit the location of or operation of a concrete crushing facility
within 440 yards of certain facilities.  C.S.H.B. 1287 deletes this
requirement as it pertains to the location but retains it for the
operation of such facilities within 440 yards of a building used as a
single or multifamily residence, school, or place of worship, in certain
instanes.  

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Environmental Quality
Commission is modified in SECTION 2 (SECTION 382.065, Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 382.056(r), Health and Safety Code, to provide
that this section does not apply to certain facilities. 

SECTION 2.  Amends Section 382.065, Health and Safety Code, as added by
Chapter 965, Acts of the 77th Legislature, Regular Session, 2001, as
follows: 

Sec.  382.065.  New heading:  CERTAIN LOCATIONS FOR OPERATING CONCRETE
CRUSHING FACILITY PROHIBITED.  (a)  Deletes the requirement of the Texas
Commission on Environmental Quality (TCEQ) to prohibit the location of a
concrete crushing facility within 440 yards of certain facilities 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 TCEQ.  Requires
the measurement of distance for purposes of this subsection to 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)  Provides that Subsection (a) does not apply to a concrete crushing
facility that meets certain conditions.  

(c)  Provides that except as provided by Subsection (d), Subsection (a)
does not apply to a concrete crushing facility that meets certain
conditions. 

(d)  Provides that 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. 

SECTION 3.  Requires TCEQ to 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.  

SECTION 4.(a)  Effective date:  upon passage or September 1, 2003.

   (b)  Makes application of this Act prospective.