88R5982 JXC-D
 
  By: Walle H.B. No. 1387
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the persons entitled to request a public hearing from
  the Texas Commission on Environmental Quality related to the
  construction of a concrete plant.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.058(c), Health and Safety Code, is
  amended to read as follows:
         (c)  For purposes of this section, only a representative of a
  school, place of worship, licensed day-care center, hospital, or
  medical facility or a person [those persons actually] residing [in
  a permanent residence] within 440 yards of the proposed plant may
  request a hearing under Section 382.056 as a person who may be
  affected. The commission shall adopt rules establishing who
  qualifies as a representative of a school, place of worship,
  licensed day-care center, hospital, or medical facility under this
  section.
         SECTION 2.  The change in law made by this Act applies only
  to an application for an authorization to use a permit that is
  submitted to the Texas Commission on Environmental Quality on or
  after the effective date of this Act. An application for an
  authorization to use a permit that was submitted to the Texas
  Commission on Environmental Quality before the effective date of
  this Act is governed by the law in effect at the time the
  application was filed, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.