By: Wilson H.B. No. 4247
A BILL TO BE ENTITLED
AN ACT
relating to the operation of rock and concrete crushing facilities
at certain locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.065, Health and Safety Code, is
amended to read as follows:
Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING ROCK OR
CONCRETE CRUSHING FACILITY PROHIBITED. (a) The commission by rule
shall prohibit the operation of a rock or concrete crushing
facility within 880 [440] yards of a building in use as a single or
multifamily residence, school, place of worship, or hospital at the
time the application for a permit to operate the facility at a site
near the residence, school, place of worship, or hospital is filed
with the commission.
(a-1) The measurement of d
istance for purposes of
Subsection (a) [this subsection] shall be taken from the point on
the rock or concrete crushing facility that is nearest to the
residence, school, place of worship, or hospital toward the point
on the residence, school, place of worship, or hospital that is
nearest the rock or concrete crushing facility. If a rock or
concrete crushing facility is to be located on a property that is
also used or to be used for aggregate production, the measurement of
distance shall be taken from the property line of the property used
or to be used for aggregate production.
(b) Subsection (a) does not apply to a rock or concrete
crushing facility:
(1) at a location for which commission authorization
for the operation of a rock or 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, place of worship, or
hospital is subsequently built or put to use within 880 [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.
(c) [Except as provided by Subsection (d),] Subsection (a)
does not apply to a rock or concrete crushing facility that:
(1) is engaged in crushing rock, concrete, and other
materials produced by the demolition of a structure at the location
of the structure and the rock, concrete, and other materials are
being crushed primarily for use at that location;
(2) operates at that location for not more than 180
days;
(3) the commission determines will cause no adverse
environmental or health effects by operating at that location; and
(4) complies with conditions stated in commission
rules, including operating conditions.
[(d) Notwithstanding Subsection (c), Subsection (a) applies
to a concrete crushing facility in a county with a population of 3.3
million or more or in a county adjacent to such a county.]
SECTION 2. The change in law made by this Act applies only
to an application for a permit to operate a rock or 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, 2019.