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78R7312 JJT-D
By: Edwards H.B. No. 1812
A BILL TO BE ENTITLED
AN ACT
relating to the location and operation of a concrete crushing
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.065, Health and Safety Code, as
added by Section 5.07, Chapter 965, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
Sec. 382.065. CERTAIN LOCATIONS FOR 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 used as a single or multifamily residence,
school, or place of worship.
[(b) This section does not apply to an existing concrete
crushing facility.]
SECTION 2. (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) Section 382.065, Health and Safety Code, as added by
Section 5.07, Chapter 965, Acts of the 77th Legislature, Regular
Session, 2001, as amended by this Act, applies to concrete crushing
facilities in operation before, on, or after the effective date of
this Act, except as provided by this subsection. The Texas
Commission on Environmental Quality by rule shall authorize a
concrete crushing facility the location of which on the effective
date of this Act does not comply with rules adopted under Section
382.065, Health and Safety Code, as added by Section 5.07, Chapter
965, Acts of the 77th Legislature, Regular Session, 2001, as
amended by this Act, to continue to operate in that location until
the first anniversary of the effective date of this Act.