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79R5242 JTS-F

By:  Armbrister                                                   S.B. No. 1171



A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of the prohibition on 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 is invalid because it has not been renewed.
	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. [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.