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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the location and operation of concrete |
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crushing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.065, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) The commission by rule shall prohibit the operation of a |
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concrete crushing facility within 440 yards of the following types |
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of buildings or facilities: |
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(1) a building in use as a single or multifamily |
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residence, school, or place of worship; |
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(2) a place of business where employees of the |
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business perform outdoor work near the concrete crushing facility; |
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or |
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(3) a park or other outdoor recreational facility, |
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including a playing field [at the time the application for a permit
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to operate the facility at a site near the residence, school, or
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place of worship is filed with the commission]. |
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(a-1) The measurement of distance for purposes of this |
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section is the shortest distance between [subsection shall be taken
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from the point on] the concrete crushing facility and a building, |
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place of business, or outdoor recreational facility described by |
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Subsection (a) [that is nearest to the residence, school, or place
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of worship toward the point on the residence, school, or place of
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worship that is nearest the concrete crushing facility]. |
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(b) A rule adopted under this section [Subsection (a)] does |
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not apply to a concrete crushing facility: |
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(1) at a location for which commission authorization |
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for the operation of a concrete crushing facility was in effect on |
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September 1, 2001; or |
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(2) at a location that satisfies the distance |
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requirements of Subsection (a) at the time the application for the |
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initial authorization for the operation of that facility at that |
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location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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building, place of business, or outdoor recreational facility |
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described by Subsection (a) [single or multifamily residence,
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school, or place of worship] is subsequently built or put to use |
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within 440 yards of the facility. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit to operate a concrete crushing |
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facility that is filed on or after the effective date of this Act. |
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An application for a permit filed before the effective date of this |
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Act is governed by the law in effect on the date of filing and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |