87R11030 JAM-D
By: J. Johnson of Harris H.B. No. 2646
A BILL TO BE ENTITLED
AN ACT
relating to the consideration for approval by the executive
director of the Texas Commission on Environmental Quality of an
application for a standard permit for a concrete batch plant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05199, Health and Safety Code, is
amended by amending Subsection (h) and adding Subsection (h-1) to
read as follows:
(h) Not later than the 35th day after the date the public
hearing is held, the executive director shall approve or deny the
application for authorization to use the standard permit. In
determining whether to approve the application, the [The] executive
director shall base the decision on:
(1) whether the application meets the requirements of
Section 382.05198; and
(2) a consideration of:
(A) [. The executive director shall consider]
all comments received during the public comment period and at the
public hearing;
(B) the potential harm to local property values;
and
(C) the location of the facility relative to
homes, schools, churches, parks, and other community assets [in
determining whether to approve the application].
(h-1) If the executive director denies the application, the
executive director shall state the reasons for the denial and any
modifications to the application that are necessary for the
proposed plant to qualify for the authorization.
SECTION 2. Section 382.05199, Health and Safety Code, as
amended 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. 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 September 1, 2021.