By:  Chisum (Senate Sponsor - Madla)                              H.B. No. 1287
	(In the Senate - Received from the House April 28, 2003; 
May 1, 2003, read first time and referred to Committee on 
Intergovernmental Relations; May 22, 2003, reported adversely, 
with favorable Committee Substitute by the following vote:  Yeas 5, 
Nays 0; May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1287                                   By:  Brimer


A BILL TO BE ENTITLED

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.



* * * * *