86R7690 MP-F
 
  By: Dutton H.B. No. 1310
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to who may request a public hearing from the Texas
  Commission on Environmental Quality related to the construction of
  a concrete plant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.058(c), Health and Safety Code, is
  amended to read as follows:
         (c)  In this subsection, "representative" means a person in a
  decision-making capacity with fiduciary responsibility, or that
  person's designee.  For purposes of this section, only a
  representative of a school, place of worship, licensed day-care
  center, hospital, or medical facility located within 440 yards of
  the proposed plant or a person [those persons actually] residing
  [in a permanent residence] within 440 yards of the proposed plant
  may request a hearing under Section 382.056 as a person who may be
  affected.
         SECTION 2.  The change in law made by this Act applies only
  to an application for a permit that is submitted to the Texas
  Commission on Environmental Quality on or after the effective date
  of this Act. An application for a permit that was submitted to the
  Texas Commission on Environmental Quality before the effective date
  of this Act is governed by the law in effect at the time the
  application was filed, and the former 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, 2019.