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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 Subsections |
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(a-1) and (a-2) 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) an area designated as a public park by action of a |
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governmental entity; or |
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(3) after notice is given to the operator of the |
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concrete crushing facility, an outdoor recreational facility used |
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for organized sporting events during the time the recreational |
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facility is used for those events [at the time the application for a
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permit to operate the facility at a site near the residence, school,
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or place of worship is filed with the commission]. |
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(a-1) Rules adopted under this section must provide for the |
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manner and time of giving notice to an operator of a concrete |
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crushing facility under Subsection (a)(3). |
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(a-2) 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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public park, 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; |
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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, public park, or outdoor recreational facility described |
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by Subsection (a) [single or multifamily residence, school, or
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place of worship] is subsequently built or put to use within 440 |
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yards of the facility; or |
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(3) that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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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, 2017. |
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* * * * * |