| |
| |
|
|
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. |