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A BILL TO BE ENTITLED
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AN ACT
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relating to the response by the Texas Commission on Environmental |
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Quality to certain complaints about certain concrete plants and |
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crushing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 5, Water Code, is amended |
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by adding Section 5.180 to read as follows: |
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Sec. 5.180. CONCRETE PERMIT; RESPONSE TO COMPLAINTS. (a) |
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This section applies only to a facility, as defined by Section |
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382.003, Health and Safety Code, that is: |
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(1) a concrete plant that performs wet batching, dry |
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batching, or central mixing operating under a permit issued under |
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Section 382.0518, 382.05195, or 382.05198, Health and Safety Code; |
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or |
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(2) a concrete crushing facility operating under a |
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permit issued under Section 382.0518 or 382.05195, Health and |
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Safety Code. |
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(b) The commission shall immediately investigate a |
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complaint received by the commission concerning air pollution, as |
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defined by Section 382.003, Health and Safety Code, or pollution, |
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as defined by Section 26.001 of this code, caused by a facility if |
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the complaint is signed by at least 500 persons, each of whom |
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resides in a permanent residence within 1.5 miles of the facility. |
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(c) Section 5.177 does not apply to a complaint filed under |
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this section. The commission shall post a statement on the |
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commission's Internet website of the status of the investigation |
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until the final disposition of the complaint. |
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(d) The commission shall provide an opportunity for the |
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public to comment in writing on the complaint. The commission shall |
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post notice of the opportunity to comment on the commission's |
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Internet website not later than the 30th day before the date on |
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which the public comment period closes. |
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(e) After the conclusion of the public comment period and |
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when the investigation is complete, the commission shall post on |
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the commission's Internet website a written report that includes |
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the results of the investigation and a summary of the public |
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comments. |
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(f) If the commission determines that grounds described by |
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Section 7.302(b) of this code may exist for revoking or suspending a |
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permit or authorization under which the facility is operating under |
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Chapter 382, Health and Safety Code, or Chapter 26 of this code, the |
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commission shall hold a public hearing on the potential revocation |
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or suspension under Section 7.306 of this code. In addition to any |
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other notice of the hearing required by law, the commission shall |
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post notice of the hearing on the commission's Internet website not |
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later than the 14th day before the date of the hearing. |
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SECTION 2. 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. |