86R14005 JAM-D
By: Martinez H.B. No. 4063
A BILL TO BE ENTITLED
AN ACT
relating to the location and operation of certain 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 Subsection (b) and adding Subsection (e) to
read as follows:
(b) 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
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; or
(4) that:
(A) is located in a county with a population of
less than 50,000; and
(B) operates at a location:
(i) for not more than 90 days; and
(ii) only between the hours of 8 a.m. and 6
p.m.
(e) The commission shall impose a condition for the
authorization for the operation of a concrete crushing facility to
which the exception provided by Subsection (b)(4) applies that the
owner or operator of the facility must remove the aggregate
produced by the facility from the location of the facility not later
than the 30th day after the date of the expiration of the
authorization.
SECTION 2. Section 382.065(b), Health and Safety Code, as
amended by this Act, and Section 382.065(e) of that code, as added
by this Act, apply only to a permit to operate a concrete crushing
facility the application for which is filed on or after the
effective date of this Act. A permit the application for which is
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 September 1, 2019.