| 1 | 1 | | 81R2387 JAM-D |
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| 2 | 2 | | By: Ellis S.B. No. 259 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on the location and operation of concrete |
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| 8 | 8 | | crushing facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 382.065, Health and Safety Code, is |
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| 11 | 11 | | amended by amending Subsections (a) and (b) and adding Subsection |
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| 12 | 12 | | (a-1) to read as follows: |
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| 13 | 13 | | (a) The commission by rule shall prohibit the operation of a |
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| 14 | 14 | | concrete crushing facility within 440 yards of the following types |
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| 15 | 15 | | of buildings or facilities: |
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| 16 | 16 | | (1) a building in use as a single or multifamily |
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| 17 | 17 | | residence, school, or place of worship; |
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| 18 | 18 | | (2) a place of business where employees of the |
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| 19 | 19 | | business perform outdoor work near the concrete crushing facility; |
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| 20 | 20 | | or |
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| 21 | 21 | | (3) a park or other outdoor recreational facility, |
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| 22 | 22 | | including a playing field [at the time the application for a permit |
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| 23 | 23 | | to operate the facility at a site near the residence, school, or |
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| 24 | 24 | | place of worship is filed with the commission]. |
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| 25 | 25 | | (a-1) The measurement of distance for purposes of this |
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| 26 | 26 | | section is the shortest distance between [subsection shall be taken |
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| 27 | 27 | | from the point on] the concrete crushing facility and a building, |
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| 28 | 28 | | place of business, or outdoor recreational facility described by |
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| 29 | 29 | | Subsection (a) [that is nearest to the residence, school, or place |
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| 30 | 30 | | of worship toward the point on the residence, school, or place of |
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| 31 | 31 | | worship that is nearest the concrete crushing facility]. |
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| 32 | 32 | | (b) A rule adopted under this section [Subsection (a)] does |
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| 33 | 33 | | not apply to a concrete crushing facility: |
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| 34 | 34 | | (1) at a location for which commission authorization |
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| 35 | 35 | | for the operation of a concrete crushing facility was in effect on |
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| 36 | 36 | | September 1, 2001; or |
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| 37 | 37 | | (2) at a location that satisfies the distance |
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| 38 | 38 | | requirements of Subsection (a) at the time the application for the |
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| 39 | 39 | | initial authorization for the operation of that facility at that |
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| 40 | 40 | | location is filed with the commission, provided that the |
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| 41 | 41 | | authorization is granted and maintained, regardless of whether a |
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| 42 | 42 | | building, place of business, or outdoor recreational facility |
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| 43 | 43 | | described by Subsection (a) [single or multifamily residence, |
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| 44 | 44 | | school, or place of worship] is subsequently built or put to use |
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| 45 | 45 | | within 440 yards of the facility. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an application for a permit to operate a concrete crushing |
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| 48 | 48 | | facility that is filed on or after the effective date of this Act. |
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| 49 | 49 | | An application for a permit filed before the effective date of this |
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| 50 | 50 | | Act is governed by the law in effect on the date of filing and that |
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| 51 | 51 | | law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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