81R2387 JAM-D
 
  By: Ellis S.B. No. 259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on the location and operation of 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 (b) and adding Subsection
  (a-1) to read as follows:
         (a)  The commission by rule shall prohibit the operation of a
  concrete crushing facility within 440 yards of the following types
  of buildings or facilities:
               (1) a building in use as a single or multifamily
  residence, school, or place of worship;
               (2)  a place of business where employees of the
  business perform outdoor work near the concrete crushing facility;
  or
               (3)  a park or other outdoor recreational facility,
  including a playing field [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].
         (a-1) The measurement of distance for purposes of this
  section is the shortest distance between [subsection shall be taken
  from the point on] the concrete crushing facility and a building,
  place of business, or outdoor recreational facility described by
  Subsection (a) [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 concrete crushing facility].
         (b)  A rule adopted under this section [Subsection (a)] does
  not apply to a concrete crushing facility:
               (1)  at a location for which commission authorization
  for the operation of a concrete crushing facility was in effect on
  September 1, 2001; or
               (2)  at a location that satisfies the distance
  requirements of Subsection (a) at the time the application for the
  initial authorization for the operation of that facility at that
  location is filed with the commission, provided that the
  authorization is granted and maintained, regardless of whether a
  building, place of business, or outdoor recreational facility
  described by Subsection (a) [single or multifamily residence,
  school, or place of worship] is subsequently built or put to use
  within 440 yards of the facility.
         SECTION 2.  The change in law made by this Act applies only
  to an application for a permit to operate a concrete crushing
  facility that is filed on or after the effective date of this Act.
  An application for a permit filed before the effective date of this
  Act is governed by the law in effect on the date of filing and that
  law is continued in effect for that purpose.
         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 September 1, 2009.