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BILL ANALYSIS

 

 

Senate Research Center

S.B. 1166

87R5103 MP-F

By: Campbell

 

Natural Resources & Economic Development

 

4/1/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas has seen immense growth throughout our state. From Houston to the Hill Country, new businesses and residents have been flocking to the Lone Star State. For example, Comal County is the second fastest growing county in the entire United States. With these additions, however, come more construction sites. And with that, more quarries and rock crushing plants have been established to manage this growth.

 

Currently, the Texas Health and Safety Code allows only people who live within 440 yards of a proposed concrete plant to request a Texas Commission on Environmental Quality (TCEQ) hearing. S.B. 1166 seeks to expand who could request these hearings to those who work at or attend schools, places of worship, medical facilities, and licensed day-care centers located within 440 yards of these proposed plants.

 

As proposed, S.B. 1166 amends current law relating to who may request a public hearing from the Texas Commission on Environmental Quality related to the construction of a concrete plant.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 382.058(c), Health and Safety Code, as follows:

 

(c) Defines "representative." Provides that, for purposes of Section 382.058 (Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption), 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 residing, rather than only those persons actually residing in a permanent residence, within 440 yards of the proposed plant is authorized to request a hearing under Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing) as a person who may be affected.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2021.