| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to who may 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 880 [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 a hearing regarding an application for a permit that is filed |
|
|
with the Texas Commission on Environmental Quality on or after the |
|
|
effective date of the rules described by Section 382.058(c), Health |
|
|
and Safety Code, as amended by this Act. A hearing regarding an |
|
|
application for a permit that was filed with the Texas Commission on |
|
|
Environmental Quality before the effective date of the rules |
|
|
described by Section 382.058(c), Health and Safety Code, as amended |
|
|
by 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, 2025. |