89R422 JXC-F
 
  By: Miles, Cook S.B. No. 276
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to air quality permits for concrete crushing facilities
  and concrete plants located in certain areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.051991 to read as follows:
         Sec. 382.051991.  MUNICIPAL OR COUNTY APPROVAL OF CERTAIN
  CONCRETE FACILITIES. (a) This section applies only to an
  application for a permit or an authorization to use a permit for a
  facility that is:
               (1)  a concrete crushing facility or a concrete plant
  that performs wet batching, dry batching, or central mixing; and
               (2)  located or proposed to be located in:
                     (A)  an incorporated area of a municipality that
  has not adopted zoning regulations and has a population of more than
  two million; or
                     (B)  an unincorporated area of a county with a
  population of more than 4.5 million.
         (b)  This section does not apply to an application for an
  authorization to use a standard permit under Section 382.051985.
         (c)  For each application described by Subsection (a), the
  commission:
               (1)  shall send to the governing body of the
  municipality or county, as applicable, a copy of the application;
  and
               (2)  may not issue the permit or authorize the use of
  the permit before the 31st day after the date the governing body
  receives the copy unless the commission receives notice that the
  governing body has approved the application.
         (d)  The commission may not issue a permit or authorize the
  use of a permit under Section 382.0518, 382.05195, 382.05196, or
  382.05198 or another provision of this chapter for a facility
  described by Subsection (a) if the commission receives, before the
  31st day after the date the governing body receives the copy of the
  application from the commission, notice that the governing body has
  rejected the application.
         SECTION 2.  Section 382.051991, Health and Safety Code, as
  added by this Act, applies only to a permit or authorization the
  application for which is filed with the Texas Commission on
  Environmental Quality on or after the effective date of this Act. A
  permit or authorization the application for which is filed before
  the effective date of this Act is governed by the law in effect on
  the date of filing, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2025.