This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79S10337 SGA-D

By:  Edwards                                                      H.B. No. 87 



A BILL TO BE ENTITLED

AN ACT

relating to the location of concrete stockpiles at certain portable 
concrete crushing facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.065, Health and Safety Code, is 
amended by amending Subsections (a) and (d) and by adding 
Subsection (e) to read as follows:
	(a)  The commission by rule shall prohibit the operation of a 
concrete crushing facility, including a portable concrete crushing 
machine, within 440 yards of a building in use 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 edge of a stockpile 
of concrete before, during, or after being crushed [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 stockpile of concrete [crushing 
facility].
	(d)  Notwithstanding Subsections (b) and [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].
	(e)  The commission shall require a permit holder who 
operates a portable concrete crushing machine in violation of this 
section to cease operations unless the permit holder brings the 
operation into compliance with this section at the site at which the 
violation occurred or relocates the operation to a site in 
compliance with this section not later than the first anniversary 
of the date on which the permit holder receives notice of the 
violation.  This subsection does not limit the commission's 
authority to further enforce this section under Chapter 7, Water 
Code.
	SECTION 2.  (a) On or after the effective date of this Act, 
the Texas Commission on Environmental Quality shall deny an 
application for the issuance, amendment, renewal, or transfer of a 
permit, registration, or permit by rule for a portable concrete 
crushing machine and may not issue, amend, renew, or transfer a 
permit, registration, or permit by rule for a portable concrete 
crushing machine if the commission determines that the machine 
would be operated or is being operated in violation of Section 
382.065, Health and Safety Code, as amended by this Act.
	(b)  A person operating a portable concrete crushing machine 
under a permit issued before the effective date of this Act whose 
operation of the machine is in violation of Section 382.065, Health 
and Safety Code, as amended by this Act, shall bring the operation 
of the machine into compliance with that section not later than 
September 1, 2006.
	SECTION 3.  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 on the 91st day after the last day of the 
legislative session.