By: Wilson H.B. No. 4600
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements for certain air quality permit
  applications for aggregate productions located in the jurisdiction
  of a municipality.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.05195, Health and Safety Code, is
  amended by adding Subsection (k) to read as follows:
         (
  k)  For permit applications filed after August 31, 2019 for
  facilities located within the corporate limits, or
  extraterritorial jurisdiction of a municipality if the property
  boundary upon which the permit is proposed is located within 880
  yards from property that has entered into a development agreement
  with the municipality, the applicant shall include a letter from
  the municipality verifying that construction and operation of the
  facility under the proposed permit is a land use authorized by the
  municipality's zoning regulations, or is compatible with the land
  use established by the development agreement, as applicable.  The
  commission shall not issue a permit for property that has not
  received the requisite verification described herein.  However, in
  the event that the municipality does not provide a response to the
  permit applicant within 30 days from the date the verification
  letter was requested by the permit applicant, the verification
  shall be deemed to have been provided.
         Section 382.113, Health and Safety Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  Any application for a permit issued under this Chapter
  for a facility to be located within the corporate limits of a
  municipality, or within the extraterritorial jurisdiction of the
  municipality if the proposed permit property boundary is located
  within 880 yards from property that has entered into a development
  agreement with the municipality, shall include verification from
  the municipality that the activity for which the permit is sought is
  authorized pursuant to the municipality's zoning regulations or is
  compatible with the land use established by the development
  agreement, as applicable. However, in the event that the
  municipality does not provide a response to the permit applicant
  within 30 days from the date the verification letter was requested
  by the permit applicant, the verification shall be deemed to have
  been provided.
         SECTION 2.  The changes in law made by this Act apply only to
  an application for a permit that is filed with the Texas Commission
  on Environmental Quality on or after the effective date of this Act.
  An application for a permit 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 4.  This Act takes effect September 1, 2019.