Texas 2019 - 86th Regular

Texas House Bill HB4063 Compare Versions

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11 86R14005 JAM-D
22 By: Martinez H.B. No. 4063
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the location and operation of certain concrete crushing
88 facilities.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 382.065, Health and Safety Code, is
1111 amended by amending Subsection (b) and adding Subsection (e) to
1212 read as follows:
1313 (b) Subsection (a) does not apply to a concrete crushing
1414 facility:
1515 (1) at a location for which commission authorization
1616 for the operation of a concrete crushing facility was in effect on
1717 September 1, 2001;
1818 (2) at a location that satisfies the distance
1919 requirements of Subsection (a) at the time the application for the
2020 initial authorization for the operation of that facility at that
2121 location is filed with the commission, provided that the
2222 authorization is granted and maintained, regardless of whether a
2323 single or multifamily residence, school, or place of worship is
2424 subsequently built or put to use within 440 yards of the facility;
2525 [or]
2626 (3) that:
2727 (A) uses a concrete crusher:
2828 (i) in the manufacture of products that
2929 contain recycled materials; and
3030 (ii) that is located in an enclosed
3131 building; and
3232 (B) is located:
3333 (i) within 25 miles of an international
3434 border; and
3535 (ii) in a municipality with a population of
3636 not less than 6,100 but not more than 20,000; or
3737 (4) that:
3838 (A) is located in a county with a population of
3939 less than 50,000; and
4040 (B) operates at a location:
4141 (i) for not more than 90 days; and
4242 (ii) only between the hours of 8 a.m. and 6
4343 p.m.
4444 (e) The commission shall impose a condition for the
4545 authorization for the operation of a concrete crushing facility to
4646 which the exception provided by Subsection (b)(4) applies that the
4747 owner or operator of the facility must remove the aggregate
4848 produced by the facility from the location of the facility not later
4949 than the 30th day after the date of the expiration of the
5050 authorization.
5151 SECTION 2. Section 382.065(b), Health and Safety Code, as
5252 amended by this Act, and Section 382.065(e) of that code, as added
5353 by this Act, apply only to a permit to operate a concrete crushing
5454 facility the application for which is filed on or after the
5555 effective date of this Act. A permit the application for which is
5656 filed before the effective date of this Act is governed by the law
5757 in effect on the date of filing, and that law is continued in effect
5858 for that purpose.
5959 SECTION 3. This Act takes effect September 1, 2019.