By: Lucio S.B. No. 1250

(In the Senate - Filed March 7, 2011; March 16, 2011, read first time and referred to Committee on Natural Resources; April 13, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 13, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1250 By: Estes

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of certain restrictions on the location and operation of concrete crushing facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (b), Section 382.065, Health and Safety Code, is amended to read as follows:

(b) 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 single or multifamily residence, school, or place of worship is subsequently built or put to use within 440 yards of the facility;

(3) that uses a concrete crusher:

(A) in the manufacture of products that contain recycled materials; and

(B) that is located in an enclosed building; or

(4) at a location:

(A) within 25 miles of an international border; and

(B) in a municipality with a population of not less than 6,100 but not more than 20,000.

SECTION 2. This Act takes effect September 1, 2011.

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