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A BILL TO BE ENTITLED
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AN ACT
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relating to who may request a public hearing from the Texas |
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Commission on Environmental Quality related to the construction of |
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a concrete plant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.058(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) For purposes of this section, only a representative of a |
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school, place of worship, licensed day-care center, hospital, |
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nursing facility, or medical facility or a person [those persons |
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actually] residing [in a permanent residence] within 880 [440] |
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yards of the proposed plant may request a hearing under Section |
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382.056 as a person who may be affected. The commission shall adopt |
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rules establishing who qualifies as a representative of a school, |
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place of worship, licensed day-care center, hospital, nursing |
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facility, or medical facility under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to a hearing regarding an application for a permit that is submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of the rules described by Section 382.058(c), Health |
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and Safety Code, as amended by this Act. A hearing regarding an |
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application for a permit that was submitted to the Texas Commission |
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on Environmental Quality before the effective date of the rules |
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described by Section 382.058(c), Health and Safety Code, as amended |
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by this Act, is governed by the law in effect at the time the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |