86R14005 JAM-D
 
  By: Martinez H.B. No. 4063
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the location and operation of certain concrete crushing
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.065, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (e) 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;
               (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;
  [or]
               (3)  that:
                     (A)  uses a concrete crusher:
                           (i)  in the manufacture of products that
  contain recycled materials; and
                           (ii)  that is located in an enclosed
  building; and
                     (B)  is located:
                           (i)  within 25 miles of an international
  border; and
                           (ii)  in a municipality with a population of
  not less than 6,100 but not more than 20,000; or
               (4)  that:
                     (A)  is located in a county with a population of
  less than 50,000; and
                     (B)  operates at a location:
                           (i)  for not more than 90 days; and
                           (ii)  only between the hours of 8 a.m. and 6
  p.m.
         (e)  The commission shall impose a condition for the
  authorization for the operation of a concrete crushing facility to
  which the exception provided by Subsection (b)(4) applies that the
  owner or operator of the facility must remove the aggregate
  produced by the facility from the location of the facility not later
  than the 30th day after the date of the expiration of the
  authorization.
         SECTION 2.  Section 382.065(b), Health and Safety Code, as
  amended by this Act, and Section 382.065(e) of that code, as added
  by this Act, apply only to a permit to operate a concrete crushing
  facility the application for which is filed on or after the
  effective date of this Act. A permit the application for which is
  filed before the effective date of this Act is governed by the law
  in effect on the date of filing, and that law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.