88R3143 JXC-F
 
  By: Thompson of Harris H.B. No. 2391
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality or county to request a
  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, the only [those] persons
  who [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 are:
               (1)  the municipality or county in which the proposed
  plant will be located; and
               (2)  persons actually residing in a permanent residence
  within 440 yards of the proposed plant.
         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 September 1, 2023.