| 1 | 1 | | By: King of Uvalde H.B. No. 3412 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the location and operation of certain concrete crushing |
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| 7 | 7 | | facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 382.065, Health and Safety Code, is |
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| 10 | 10 | | amended by amending Subsection (b) and adding Subsection (e) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) Subsection (a) does not apply to a concrete crushing |
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| 13 | 13 | | facility: |
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| 14 | 14 | | (1) at a location for which commission authorization |
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| 15 | 15 | | for the operation of a concrete crushing facility was in effect on |
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| 16 | 16 | | September 1, 2001; |
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| 17 | 17 | | (2) at a location that satisfies the distance |
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| 18 | 18 | | requirements of Subsection (a) at the time the application for the |
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| 19 | 19 | | initial authorization for the operation of that facility at that |
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| 20 | 20 | | location is filed with the commission, provided that the |
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| 21 | 21 | | authorization is granted and maintained, regardless of whether a |
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| 22 | 22 | | single or multifamily residence, school, or place of worship is |
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| 23 | 23 | | subsequently built or put to use within 440 yards of the facility; |
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| 24 | 24 | | [or] |
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| 25 | 25 | | (3) that: |
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| 26 | 26 | | (A) uses a concrete crusher: |
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| 27 | 27 | | (i) in the manufacture of products that |
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| 28 | 28 | | contain recycled materials; and |
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| 29 | 29 | | (ii) that is located in an enclosed |
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| 30 | 30 | | building; and |
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| 31 | 31 | | (B) is located: |
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| 32 | 32 | | (i) within 25 miles of an international |
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| 33 | 33 | | border; and |
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| 34 | 34 | | (ii) in a municipality with a population of |
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| 35 | 35 | | not less than 6,100 but not more than 20,000; or |
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| 36 | 36 | | (4) that: |
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| 37 | 37 | | (A) is located in a county with a population of |
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| 38 | 38 | | less than 50,000; and |
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| 39 | 39 | | (B) operates at a location: |
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| 40 | 40 | | (i) for not more than 90 days; and |
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| 41 | 41 | | (ii) only between the hours of 8 a.m. and 6 |
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| 42 | 42 | | p.m. |
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| 43 | 43 | | (e) The commission shall impose a condition for the |
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| 44 | 44 | | authorization for the operation of a concrete crushing facility to |
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| 45 | 45 | | which the exception provided by Subsection (b)(4) applies that the |
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| 46 | 46 | | owner or operator of the facility must remove the aggregate |
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| 47 | 47 | | produced by the facility from the location of the facility not later |
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| 48 | 48 | | than the 30th day after the date of the expiration of the |
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| 49 | 49 | | authorization. |
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| 50 | 50 | | SECTION 2. Section 382.065(b), Health and Safety Code, as |
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| 51 | 51 | | amended by this Act, and Section 382.065(e) of that code, as added |
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| 52 | 52 | | by this Act, apply only to a permit to operate a concrete crushing |
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| 53 | 53 | | facility the application for which is filed on or after the |
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| 54 | 54 | | effective date of this Act. A permit the application for which is |
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| 55 | 55 | | filed before the effective date of this Act is governed by the law |
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| 56 | 56 | | in effect on the date of filing, and that law is continued in effect |
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| 57 | 57 | | for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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