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A BILL TO BE ENTITLED
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AN ACT
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relating to air quality permits for concrete crushing facilities |
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and concrete plants located in certain areas. |
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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. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN |
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CONCRETE FACILITIES. (a) This section applies only to an |
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application for a permit or an authorization to use a permit for a |
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facility that is: |
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(1) a concrete crushing facility or a concrete plant |
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that performs wet batching, dry batching, or central mixing; and |
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(2) located or proposed to be located in: |
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(A) an incorporated area of a municipality that |
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has not adopted zoning regulations and has a population of more than |
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two million; or |
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(B) an unincorporated area of a county with a |
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population of more than 4.5 million. |
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(b) This section does not apply to an application for an |
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authorization to use a standard permit under Section 382.051985. |
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(c) For each application described by Subsection (a), the |
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commission: |
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(1) shall send to the governing body of the |
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municipality or county, as applicable, a copy of the application; |
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and |
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(2) may not issue the permit or authorize the use of |
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the permit before the 31st day after the date the governing body |
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receives the copy unless the commission receives notice that the |
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governing body has approved the application. |
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(d) The commission may not issue a permit or authorize the |
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use of a permit under Section 382.0518, 382.05195, 382.05196, or |
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382.05198 or another provision of this chapter for a facility |
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described by Subsection (a) if the commission receives, before the |
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31st day after the date the governing body receives the copy of the |
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application from the commission, notice that the governing body has |
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rejected the application. |
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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. |