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By:  Callegari                                                    H.B. No. 2490



A BILL TO BE ENTITLED

AN ACT

relating to the location of certain concrete and asphalt plants.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 382, Health and Safety 
Code, is amended by adding Section 382.0535 to read as follows:
	Sec. 382.0535.  PROHIBITION ON PERMIT FOR CERTAIN CONCRETE 
OR HOT MIX ASPHALT PLANTS. (a)  The commission may not accept an 
application or issue a permit, standard permit, or permit by rule 
for a concrete or hot mix asphalt plant if the proposed plant is to 
be located closer than one mile to a school, a church, or a 
residence or other habitable structure that is occupied, is 
available for occupation, or is used by a person other than the 
proposed plant operator or permit applicant.
	(b)  The commission shall adopt rules to implement this 
section.      
	SECTION 2.  (a)  The change in law made by this Act does not 
apply to a concrete or hot mix asphalt plant that is within the area 
described by Section 382.0535, Health and Safety Code, as added by 
this Act, if:
		(1)  a permit was issued for the plant before September 
1, 2003; or         
		(2)  an application for a permit for the plant is 
pending before the Texas Commission on Environmental Quality on 
September 1, 2003.
	(b)  The exemption prescribed by Subsection (a)(2) of this 
section terminates if the pending permit application is denied by 
the Texas Commission on Environmental Quality.
	SECTION 3.  This Act takes effect September 1, 2003.