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A BILL TO BE ENTITLED
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AN ACT
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relating to the permitting of certain concrete plants located in an |
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area of a municipality not subject to zoning regulations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.051991 to read as follows: |
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Sec. 382.051991. PERMIT FOR CERTAIN CONCRETE PLANTS NOT |
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SUBJECT TO MUNICIPAL ZONING. (a) This section applies only to a |
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concrete plant that performs wet batching, dry batching, or central |
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mixing. |
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(b) The commission may not issue or authorize the use of a |
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permit under Section 382.0518, 382.05195, 382.05196, 382.05198, or |
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382.051985 for the operation of a concrete plant located: |
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(1) in an area of a municipality that is not subject to |
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zoning regulations; and |
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(2) within five miles of a school, licensed day-care |
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center, or hospital. |
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SECTION 2. Section 382.051991, Health and Safety Code, as |
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added by this Act, applies only to a permit or authorization the |
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application for which is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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permit or authorization the application for which is filed before |
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the effective date of this Act is governed by the law in effect on |
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the date of filing, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |