87R1965 JXC-F
By: Thierry H.B. No. 1786
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of air quality permits for concrete plants
located in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051991 to read as follows:
Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN
CONCRETE PLANTS. (a) This section applies only to a permit
application for a concrete plant located or proposed to be located
in:
(1) an incorporated area of a municipality that is not
subject to zoning regulations with a population of more than 2
million; or
(2) the unincorporated area of a county with a
population of more than 4.5 million.
(b) For each permit application described by Subsection
(a), the commission:
(1) shall send to the governing body of the
municipality or county, as applicable, a copy of the application;
and
(2) may not issue the permit applied for before the
31st day after the date the governing body receives the copy unless
the commission receives notice that the governing body has approved
the application.
(c) The commission may not issue a permit under Section
382.0518, 382.05195, 382.05196, or 382.05198 or another provision
of this chapter for a concrete plant described by Subsection (a) if
the commission receives, before the 31st day after the date the
governing body receives the copy of the application from the
commission, notice that the governing body has rejected the
application.
SECTION 2. Section 382.051991, Health and Safety Code, as
added by this Act, applies only to an application for a permit that
is filed with the Texas Commission on Environmental Quality on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.