| 1 | 1 | | By: Miles S.B. No. 793 |
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| 2 | 2 | | (In the Senate - Filed February 9, 2017; February 22, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Natural Resources & |
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| 4 | 4 | | Economic Development; May 3, 2017, reported adversely, with |
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| 5 | 5 | | favorable Committee Substitute by the following vote: Yeas 9, |
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| 6 | 6 | | Nays 2; May 3, 2017, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 793 By: Miles |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to restrictions on the location and operation of concrete |
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| 14 | 14 | | crushing facilities. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 382.065, Health and Safety Code, is |
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| 17 | 17 | | amended by amending Subsections (a) and (b) and adding Subsections |
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| 18 | 18 | | (a-1) and (a-2) to read as follows: |
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| 19 | 19 | | (a) The commission by rule shall prohibit the operation of a |
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| 20 | 20 | | concrete crushing facility within 440 yards of the following types |
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| 21 | 21 | | of buildings or facilities: |
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| 22 | 22 | | (1) a building in use as a single or multifamily |
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| 23 | 23 | | residence, school, or place of worship; |
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| 24 | 24 | | (2) an area designated as a public park by action of a |
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| 25 | 25 | | governmental entity; or |
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| 26 | 26 | | (3) after notice is given to the operator of the |
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| 27 | 27 | | concrete crushing facility, an outdoor recreational facility used |
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| 28 | 28 | | for organized sporting events during the time the recreational |
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| 29 | 29 | | facility is used for those events [at the time the application for a |
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| 30 | 30 | | permit to operate the facility at a site near the residence, school, |
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| 31 | 31 | | or place of worship is filed with the commission]. |
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| 32 | 32 | | (a-1) Rules adopted under this section must provide for the |
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| 33 | 33 | | manner and time of giving notice to an operator of a concrete |
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| 34 | 34 | | crushing facility under Subsection (a)(3). |
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| 35 | 35 | | (a-2) The measurement of distance for purposes of this |
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| 36 | 36 | | section is the shortest distance between [subsection shall be taken |
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| 37 | 37 | | from the point on] the concrete crushing facility and a building, |
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| 38 | 38 | | public park, or outdoor recreational facility described by |
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| 39 | 39 | | Subsection (a) [that is nearest to the residence, school, or place |
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| 40 | 40 | | of worship toward the point on the residence, school, or place of |
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| 41 | 41 | | worship that is nearest the concrete crushing facility]. |
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| 42 | 42 | | (b) A rule adopted under this section [Subsection (a)] does |
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| 43 | 43 | | not apply to a concrete crushing facility: |
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| 44 | 44 | | (1) at a location for which commission authorization |
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| 45 | 45 | | for the operation of a concrete crushing facility was in effect on |
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| 46 | 46 | | September 1, 2001; |
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| 47 | 47 | | (2) at a location that satisfies the distance |
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| 48 | 48 | | requirements of Subsection (a) at the time the application for the |
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| 49 | 49 | | initial authorization for the operation of that facility at that |
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| 50 | 50 | | location is filed with the commission, provided that the |
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| 51 | 51 | | authorization is granted and maintained, regardless of whether a |
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| 52 | 52 | | building, public park, or outdoor recreational facility described |
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| 53 | 53 | | by Subsection (a) [single or multifamily residence, school, or |
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| 54 | 54 | | place of worship] is subsequently built or put to use within 440 |
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| 55 | 55 | | yards of the facility; or |
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| 56 | 56 | | (3) that: |
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| 57 | 57 | | (A) uses a concrete crusher: |
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| 58 | 58 | | (i) in the manufacture of products that |
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| 59 | 59 | | contain recycled materials; and |
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| 60 | 60 | | (ii) that is located in an enclosed |
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| 61 | 61 | | building; and |
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| 62 | 62 | | (B) is located: |
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| 63 | 63 | | (i) within 25 miles of an international |
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| 64 | 64 | | border; and |
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| 65 | 65 | | (ii) in a municipality with a population of |
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| 66 | 66 | | not less than 6,100 but not more than 20,000. |
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| 67 | 67 | | SECTION 2. The change in law made by this Act applies only |
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| 68 | 68 | | to an application for a permit to operate a concrete crushing |
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| 69 | 69 | | facility that is filed on or after the effective date of this Act. |
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| 70 | 70 | | An application for a permit filed before the effective date of this |
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| 71 | 71 | | Act is governed by the law in effect on the date of filing, and that |
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| 72 | 72 | | law is continued in effect for that purpose. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2017. |
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| 78 | 78 | | * * * * * |
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