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.