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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of air quality permits for concrete plants |
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located in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.051991 to read as follows: |
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Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN |
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CONCRETE PLANTS. (a) This section applies only to a permit |
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application for a concrete plant located or proposed to be located |
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in: |
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(1) an incorporated area of a municipality that has |
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not adopted zoning regulations and has a population of more than 2 |
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million; or |
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(2) the unincorporated area of a county with a |
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population of more than 4.5 million. |
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(b) For each permit application described by Subsection |
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(a), the commission: |
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(1) shall send to the governing body of the |
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municipality or county, as applicable, a copy of the application; |
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and |
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(2) may not issue the permit applied for before the |
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31st day after the date the governing body receives the copy unless |
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the commission receives notice that the governing body has approved |
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the application. |
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(c) The commission may not issue a permit under Section |
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382.0518, 382.05195, 382.05196, or 382.05198 or another provision |
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of this chapter for a concrete plant described by Subsection (a) if |
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the commission receives, before the 31st day after the date the |
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governing body receives the copy of the application from the |
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commission, notice that the governing body has rejected the |
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application. |
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SECTION 2. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For purposes of this section, the only [those] persons |
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who [actually residing in a permanent residence within 440 yards of |
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the proposed plant] may request a hearing under Section 382.056 as a |
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person who may be affected are: |
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(1) the municipality or county in which the proposed |
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plant will be located; and |
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(2) persons actually residing in a permanent residence |
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within 440 yards of the proposed plant. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application for a permit that is submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for a permit that was submitted to the |
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Texas Commission on Environmental Quality before the effective date |
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of this Act is governed by the law in effect at the time the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |