By:  Edwards                                                      H.B. No. 41 







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.