Texas 2019 - 86th Regular

Texas House Bill HB4247 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Wilson H.B. No. 4247
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the operation of rock and concrete crushing facilities
7	7	at certain locations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 382.065, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING ROCK OR
12	12	CONCRETE CRUSHING FACILITY PROHIBITED. (a) The commission by rule
13	13	shall prohibit the operation of a rock or concrete crushing
14	14	facility within 880 [440] yards of a building in use as a single or
15	15	multifamily residence, school, place of worship, or hospital at the
16	16	time the application for a permit to operate the facility at a site
17	17	near the residence, school, place of worship, or hospital is filed
18	18	with the commission.
19	19	(a-1) The measurement of d
20	20	istance for purposes of
21	21	Subsection (a) [this subsection] shall be taken from the point on
22	22	the rock or concrete crushing facility that is nearest to the
23	23	residence, school, place of worship, or hospital toward the point
24	24	on the residence, school, place of worship, or hospital that is
25	25	nearest the rock or concrete crushing facility. If a rock or
26	26	concrete crushing facility is to be located on a property that is
27	27	also used or to be used for aggregate production, the measurement of
28	28	distance shall be taken from the property line of the property used
29	29	or to be used for aggregate production.
30	30	(b) Subsection (a) does not apply to a rock or concrete
31	31	crushing facility:
32	32	(1) at a location for which commission authorization
33	33	for the operation of a rock or concrete crushing facility was in
34	34	effect on September 1, 2001;
35	35	(2) at a location that satisfies the distance
36	36	requirements of Subsection (a) at the time the application for the
37	37	initial authorization for the operation of that facility at that
38	38	location is filed with the commission, provided that the
39	39	authorization is granted and maintained, regardless of whether a
40	40	single or multifamily residence, school, place of worship, or
41	41	hospital is subsequently built or put to use within 880 [440] yards
42	42	of the facility; or
43	43	(3) that:
44	44	(A) uses a concrete crusher:
45	45	(i) in the manufacture of products that
46	46	contain recycled materials; and
47	47	(ii) that is located in an enclosed
48	48	building; and
49	49	(B) is located:
50	50	(i) within 25 miles of an international
51	51	border; and
52	52	(ii) in a municipality with a population of
53	53	not less than 6,100 but not more than 20,000.
54	54	(c) [Except as provided by Subsection (d),] Subsection (a)
55	55	does not apply to a rock or concrete crushing facility that:
56	56	(1) is engaged in crushing rock, concrete, and other
57	57	materials produced by the demolition of a structure at the location
58	58	of the structure and the rock, concrete, and other materials are
59	59	being crushed primarily for use at that location;
60	60	(2) operates at that location for not more than 180
61	61	days;
62	62	(3) the commission determines will cause no adverse
63	63	environmental or health effects by operating at that location; and
64	64	(4) complies with conditions stated in commission
65	65	rules, including operating conditions.
66	66	[(d) Notwithstanding Subsection (c), Subsection (a) applies
67	67	to a concrete crushing facility in a county with a population of 3.3
68	68	million or more or in a county adjacent to such a county.]
69	69	SECTION 2. The change in law made by this Act applies only
70	70	to an application for a permit to operate a rock or concrete
71	71	crushing facility that is filed on or after the effective date of
72	72	this Act. An application for a permit filed before the effective
73	73	date of this Act is governed by the law in effect on the date of
74	74	filing, and that law is continued in effect for that purpose.
75	75	SECTION 3. This Act takes effect immediately if it receives
76	76	a vote of two-thirds of all the members elected to each house, as
77	77	provided by Section 39, Article III, Texas Constitution. If this
78	78	Act does not receive the vote necessary for immediate effect, this
79	79	Act takes effect September 1, 2019.