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79R9557 JTS-F
By: Kuempel H.B. No. 1429
Substitute the following for H.B. No. 1429:
By: Kuempel C.S.H.B. No. 1429
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of the prohibition on constructing or
operating certain rock crushers or concrete plants without the
necessary Clean Air Act permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.5145, Water Code, is amended to read as
follows:
Sec. 5.5145. EMERGENCY ORDER CONCERNING OPERATION OF ROCK
CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. (a) The commission shall
issue an emergency order under this subchapter suspending
operations of a rock crusher or a concrete plant that performs wet
batching, dry batching, or central mixing and is required to obtain
a permit under Section 382.0518, Health and Safety Code, and is
operating without the necessary permit.
(b) Subsection (a) applies only to a rock crusher or
concrete plant for which the owner or operator has failed to obtain
a necessary permit or for which the permit has been suspended or
revoked and does not apply to a rock crusher or concrete plant for
which the permit has expired.
SECTION 2. Section 7.052(b), Water Code, is amended to read
as follows:
(b) The amount of the penalty for operating a rock crusher
or a concrete plant that performs wet batching, dry batching, or
central mixing, that is required to obtain a permit under Section
382.0518, Health and Safety Code, and that is operating without the
required permit is $10,000. The amount of the penalty for
constructing a rock crusher described by this subsection without
the required permit may not be less than $5,000 or more than
$10,000. [Each day that a continuing violation occurs is a separate
violation.]
SECTION 3. The changes in law made by this Act apply only to
a violation that occurs on or after the effective date of this Act.
A violation that occurs before that date is governed by the law in
effect at the time the violation occurred, and that law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.