89R12671 KRM-D
 
  By: Walle H.B. No. 3043
 
 
 
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 a hearing regarding an application for a permit that is submitted
  to 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 submitted to 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.