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A BILL TO BE ENTITLED
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AN ACT
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relating to the location and operation of certain concrete crushing |
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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 Subsection (b) and adding Subsection (e) to |
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read as follows: |
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(b) Subsection (a) does not apply to a concrete crushing |
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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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single or multifamily residence, school, or place of worship is |
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subsequently built or put to use within 440 yards of the facility; |
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[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; or |
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(4) that: |
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(A) is located in a county with a population of |
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less than 50,000; and |
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(B) operates at a location: |
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(i) for not more than 90 days; and |
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(ii) only between the hours of 8 a.m. and 6 |
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p.m. |
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(e) The commission shall impose a condition for the |
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authorization for the operation of a concrete crushing facility to |
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which the exception provided by Subsection (b)(4) applies that the |
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owner or operator of the facility must remove the aggregate |
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produced by the facility from the location of the facility not later |
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than the 30th day after the date of the expiration of the |
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authorization. |
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SECTION 2. Section 382.065(b), Health and Safety Code, as |
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amended by this Act, and Section 382.065(e) of that code, as added |
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by this Act, apply only to a permit to operate a concrete crushing |
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facility the application for which is filed on or after the |
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effective date of this Act. A permit the application for which is |
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filed before the effective date of this Act is governed by the law |
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in effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |