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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a concrete crushing facility near a |
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hospital. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.065, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsections |
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(e) and (f) to read as follows: |
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(a) The commission by rule shall prohibit the operation of a |
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concrete crushing facility within 440 yards of a building in use as |
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a single or multifamily residence, school, hospital, or place of |
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worship at the time the application for a permit to operate the |
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facility at a site near the residence, school, hospital, or place of |
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worship is filed with the commission. The measurement of distance |
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for purposes of this subsection shall be taken from the point on the |
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concrete crushing facility that is nearest to the residence, |
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school, hospital, or place of worship toward the point on the |
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residence, school, hospital, or place of worship that is nearest |
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the concrete crushing facility. |
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(b) Subsection (a) does not apply to a concrete crushing |
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facility: |
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(1) at a location for which commission authorization |
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for the operation of a concrete crushing facility was in effect on |
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September 1, 2001; |
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(2) at a location that satisfies the distance |
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requirements of Subsection (a) at the time the application for the |
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initial authorization for the operation of that facility at that |
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location is filed with the commission, provided that the |
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authorization is granted and maintained, regardless of whether a |
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single or multifamily residence, school, hospital, or place of |
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worship is subsequently built or put to use within 440 yards of the |
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facility; or |
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(3) that: |
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(A) uses a concrete crusher: |
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(i) in the manufacture of products that |
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contain recycled materials; and |
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(ii) that is located in an enclosed |
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building; and |
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(B) is located: |
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(i) within 25 miles of an international |
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border; and |
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(ii) in a municipality with a population of |
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not less than 6,100 but not more than 20,000. |
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(e) This section applies only to a hospital that: |
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(1) is licensed under Chapter 241; |
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(2) has more than 200 beds; and |
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(3) is located: |
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(A) in a municipality with a population of two |
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million or more; and |
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(B) not more than four miles from a railroad |
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switching yard that has at least 64 railroad tracks. |
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(f) Subsection (a) does not require the commission to |
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prohibit the operation of a concrete crushing facility within 440 |
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yards of a hospital if the facility is located temporarily in the |
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right-of-way, or contiguous to the right-of-way, of a public works |
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project. |
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SECTION 2. Beginning on the effective date of this Act, |
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until the date the Texas Commission on Environmental Quality adopts |
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the rules required by Section 382.065(a), Health and Safety Code, |
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as amended by this Act, a person may not operate a concrete crushing |
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facility within 440 yards of a building in use as a hospital |
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described by Section 382.065(e), Health and Safety Code, as added |
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by this Act, regardless of whether the commission has issued a |
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permit or authorized the use of a standard permit for that facility. |
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After the commission adopts the rules, the person may operate the |
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concrete crushing facility only if the commission determines that |
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the operation is not prohibited by the rules. |
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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. |
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