By: Miles S.B. No. 793
(In the Senate - Filed February 9, 2017; February 22, 2017,
read first time and referred to Committee on Natural Resources &
Economic Development; May 3, 2017, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 2; May 3, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 793 By: Miles
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the location and operation of concrete
crushing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.065, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-1) and (a-2) to read as follows:
(a) The commission by rule shall prohibit the operation of a
concrete crushing facility within 440 yards of the following types
of buildings or facilities:
(1) a building in use as a single or multifamily
residence, school, or place of worship;
(2) an area designated as a public park by action of a
governmental entity; or
(3) after notice is given to the operator of the
concrete crushing facility, an outdoor recreational facility used
for organized sporting events during the time the recreational
facility is used for those events [at the time the application for a
permit to operate the facility at a site near the residence, school,
or place of worship is filed with the commission].
(a-1) Rules adopted under this section must provide for the
manner and time of giving notice to an operator of a concrete
crushing facility under Subsection (a)(3).
(a-2) The measurement of distance for purposes of this
section is the shortest distance between [subsection shall be taken
from the point on] the concrete crushing facility and a building,
public park, or outdoor recreational facility described by
Subsection (a) [that is nearest to the residence, school, or place
of worship toward the point on the residence, school, or place of
worship that is nearest the concrete crushing facility].
(b) A rule adopted under this section [Subsection (a)] does
not apply to a concrete crushing facility:
(1) at a location for which commission authorization
for the operation of a concrete crushing facility was in effect on
September 1, 2001;
(2) at a location that satisfies the distance
requirements of Subsection (a) at the time the application for the
initial authorization for the operation of that facility at that
location is filed with the commission, provided that the
authorization is granted and maintained, regardless of whether a
building, public park, or outdoor recreational facility described
by Subsection (a) [single or multifamily residence, school, or
place of worship] is subsequently built or put to use within 440
yards of the facility; or
(3) that:
(A) uses a concrete crusher:
(i) in the manufacture of products that
contain recycled materials; and
(ii) that is located in an enclosed
building; and
(B) is located:
(i) within 25 miles of an international
border; and
(ii) in a municipality with a population of
not less than 6,100 but not more than 20,000.
SECTION 2. The change in law made by this Act applies only
to an application for a permit to operate a concrete crushing
facility that is filed on or after the effective date of this Act.
An application for a permit filed before the effective date of this
Act is governed by the law in effect on the date of filing, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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