BILL ANALYSIS

H.B. 1823

By: Thompson

Environmental Regulation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law allows the Texas Commission on Environmental Quality (TCEQ) to issue standard permits for concrete crushing facilities that are at least 440 yards from buildings which are in use as a multifamily residence, school, or place of worship at the time of the permit application. The bill author has informed the committee that the pollution from these facilities can cause devastating health impacts to communities. The bill author has also informed the committee that in 2024, the TCEQ approved the permit for a concrete crushing facility in the City of Houston that was located less than 440 yards away from Lyndon B. Johnson Hospital, raising concerns about air quality violations and heightened health risks for hospital patients, staff, and the community. H.B. 1823 seeks to address this issue by including hospitals among the buildings within 440 yards of which a concrete crushing facility is prohibited from operating at the time of the permit application.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 of this bill.

ANALYSIS

H.B. 1823 amends the Health and Safety Code to include a building in use as a hospital among the buildings subject to the requirement for the Texas Commission on Environmental Quality (TCEQ) to prohibit by rule the operation of a concrete crushing facility within 440 yards of a building in use for certain purposes at the time the application for a permit to operate the facility at a site near the building is filed with the TCEQ. The bill provides for the measurement of distance for purposes of the requirement with respect to a hospital.

H.B. 1823 applies only to an application for a permit or authorization to use a permit to operate a concrete crushing facility that is filed on or after the bill's effective date. An application filed before the bill's effective date is governed by the law in effect on the date of filing, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.