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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a concrete crushing facility near a |
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hospital. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 382.065(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The commission by rule shall prohibit the operation of a |
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concrete crushing facility within 440 yards of a building in use as |
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a single or multifamily residence, school, hospital, or place of |
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worship at the time the application for a permit to operate the |
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facility at a site near the residence, school, hospital, or place of |
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worship is filed with the commission. The measurement of distance |
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for purposes of this subsection shall be taken from the point on the |
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concrete crushing facility that is nearest to the residence, |
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school, hospital, or place of worship toward the point on the |
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residence, school, hospital, or place of worship that is nearest |
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the concrete crushing facility. |
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(b) Subsection (a) does not apply to a concrete crushing |
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facility: |
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(1) at a location for which commission authorization |
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for the operation of a concrete crushing facility was in effect on |
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September 1, 2001; |
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(2) at a location that satisfies the distance |
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requirements of Subsection (a) at the time the application for the |
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initial authorization for the operation of that facility at that |
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location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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single or multifamily residence, school, hospital, or place of |
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worship is subsequently built or put to use within 440 yards of the |
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facility; or |
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(3) that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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SECTION 2. Section 382.065, Health and Safety Code, as |
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amended by this Act, applies only to an application for a permit or |
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authorization to use a permit to operate a concrete crushing |
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facility that is filed on or after the effective date of this Act. |
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An application for a permit or authorization to use a permit filed |
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before the effective date of this Act is governed by the law in |
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effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |