H.B. No. 1287
AN ACT
relating to the location and operation of certain portable
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 portable facility [permitted by the
commission is located if 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 described by Section 382.065(c), unless
that facility is in a county with a population of 2.4 million or
more or in a county adjacent to such a county.
SECTION 2. 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.
(c) Except as provided by Subsection (d), Subsection (a)
does not apply to a concrete crushing facility that:
(1) is engaged in crushing concrete and other
materials produced by the demolition of a structure at the location
of the structure and the concrete and other materials are being
crushed primarily for use at that location;
(2) operates at that location for not more than 180
days;
(3) the commission determines will cause no adverse
environmental or health effects by operating at that location; and
(4) complies with conditions stated in commission
rules, including operating conditions.
(d) 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. The Texas Commission on Environmental Quality
shall 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) 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) A change in law made by this Act 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 Act.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1287 was passed by the House on April
25, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1287 on May 30, 2003, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1287 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor