| 1 | 1 | | 86R9351 JXC-D |
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| 2 | 2 | | By: Johnson of Harris H.B. No. 3404 |
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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 the issuance of a permit for a concrete plant located in |
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| 8 | 8 | | an area of a municipality not subject to zoning regulations. |
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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. Subchapter C, Chapter 382, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 382.051991 to read as follows: |
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| 12 | 12 | | Sec. 382.051991. CONCRETE PLANT NOT SUBJECT TO MUNICIPAL |
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| 13 | 13 | | ZONING. (a) Notwithstanding Section 382.0518, 382.05195, or |
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| 14 | 14 | | 382.05196, the commission may issue a permit under this chapter for |
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| 15 | 15 | | a concrete plant located in an incorporated area of a municipality |
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| 16 | 16 | | that is not subject to zoning regulations only under Section |
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| 17 | 17 | | 382.05198. |
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| 18 | 18 | | (b) Notwithstanding Section 382.05199, an applicant for a |
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| 19 | 19 | | permit issued under Section 382.05198 for a concrete plant located |
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| 20 | 20 | | in an incorporated area of a municipality that is not subject to |
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| 21 | 21 | | zoning regulations must comply with Section 382.056. |
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| 22 | 22 | | SECTION 2. Section 382.051991, Health and Safety Code, as |
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| 23 | 23 | | added by this Act, applies only to an application for a permit that |
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| 24 | 24 | | is filed with the Texas Commission on Environmental Quality on or |
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| 25 | 25 | | after the effective date of this Act. An application for a permit |
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| 26 | 26 | | filed before the effective date of this Act is governed by the law |
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| 27 | 27 | | in effect on the date of filing, and that law is continued in effect |
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| 28 | 28 | | for that purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2019. |
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