78R5257 JJT-F

By:  Haggerty                                                     H.B. No. 1219



A BILL TO BE ENTITLED

AN ACT

relating to the location and operation of concrete crushing 
facilities.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.056(r), Health and Safety Code, is 
amended to read 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 facility permitted by the commission is 
located if a [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 operating in accordance with the 
standards established by Section 382.065(a).
	SECTION 2.  Section 382.065(a), Health and Safety Code, as 
added by Chapter 965, Acts of the 77th Legislature, Regular 
Session, 2001, is amended to read as follows:
	(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 of worship unless:
		(1)  the facility is engaged in crushing concrete and 
other materials produced by the demolition of a structure at that 
location and those materials are being crushed primarily for use at 
that location;
		(2)  the facility operates at that location for not 
more than 180 days;
		(3)  the commission determines that there will be no 
adverse environmental or health effects caused by the location or 
operation of the facility at that location; and
		(4)  the facility complies with operating conditions 
and other conditions stated in commission rules.
	SECTION 3.  The Texas Commission on Environmental Quality 
shall adopt rules under Section 382.065(a), Health and Safety Code, 
as amended by this Act, as soon as practicable and not later than 
January 1, 2004.
	SECTION 4.  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.