By: Haggerty (Senate Sponsor - Fraser) H.B. No. 1005
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Natural
Resources; May 20, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 20, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1005 By: Fraser
A BILL TO BE ENTITLED
AN ACT
relating to emergency orders and penalties for rock crushers and
concrete plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.5145, Water Code, is amended to read as
follows:
Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK
CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. (a) The commission may
[shall] issue an emergency order under this subchapter suspending
operations of a rock crusher or a concrete plant that performs wet
batching, dry batching, or central mixing and is required to obtain
a permit under Section 382.0518, Health and Safety Code, and is
operating without the necessary permit.
(b) The commission may not issue a permit, permit amendment,
or other authorization for a rock crushing facility that will be
associated with blasting operations, that are or will be located
over an aquifer comprised in whole or in part of water bearing
limestone or dolomite that is the primary source of drinking water
for a municipality if the facility will be located in a county
adjacent to a county with a population of 500,000 or more and in
which is located a portion of a water body into which a discharge is
prohibited by the commission under 30 Texas Administrative Code
Chapter 311.
(c) The commission shall prohibit a currently permitted
rock crushing facility from being associated with blasting
operations that are or will be located on a tract over an aquifer
comprised in whole or in part of water bearing limestone or dolomite
that is the primary source of drinking water for a municipality if
the facility is located in a county adjacent to a county with a
population of 500,000 or more and in which is located a portion of a
water body into which a discharge is prohibited by the commission
under 30 Texas Administrative Code Chapter 311 and if the blasting
operations have not taken place on the tract for ten or more years
prior to April 10, 2003.
SECTION 2. Section 7.052(b), Water Code, is amended to read
as follows:
(b) The amount of the penalty for operating a rock crusher
or a concrete plant that performs wet batching, dry batching, or
central mixing, that is required to obtain a permit under Section
382.0518, Health and Safety Code, and that is operating without the
required permit may not exceed [is] $10,000. Each day, for a
maximum of 10 days, that a continuing violation occurs may be
considered [is] a separate violation.
SECTION 3. (a) This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
(b) The changes in law made by Sections 5.5145 and 7.052(b),
Water Code, as amended by this Act, apply only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
(c) The changes in law made by Sections 5.5145(b) and
5.5145(c), Water Code, as amended by this Act, apply only to a
permit to construct or modify a rock crushing facility that is
issued by the Texas Commission on Environmental Quality on or after
the effective date of this Act. A permit issued by the Commission
before the effective date of this Act is covered by the law in
effect on the date the permit is issued, and the former-law is
continued in effect for that purpose.
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