79R1380 SGA-D

By:  Edwards                                                      H.B. No. 923



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.  Sections 382.065(a) and (d), Health and Safety 
Code, are amended 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.
	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 and 
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 September 1, 2005.