| 1 | 1 | | 87R1965 JXC-F |
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| 2 | 2 | | By: Miles S.B. No. 368 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of air quality permits for concrete plants |
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| 8 | 8 | | located in certain areas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 382, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 382.051991 to read as follows: |
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| 12 | 12 | | Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN |
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| 13 | 13 | | CONCRETE PLANTS. (a) This section applies only to a permit |
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| 14 | 14 | | application for a concrete plant located or proposed to be located |
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| 15 | 15 | | in: |
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| 16 | 16 | | (1) an incorporated area of a municipality that is not |
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| 17 | 17 | | subject to zoning regulations with a population of more than 2 |
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| 18 | 18 | | million; or |
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| 19 | 19 | | (2) the unincorporated area of a county with a |
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| 20 | 20 | | population of more than 4.5 million. |
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| 21 | 21 | | (b) For each permit application described by Subsection |
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| 22 | 22 | | (a), the commission: |
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| 23 | 23 | | (1) shall send to the governing body of the |
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| 24 | 24 | | municipality or county, as applicable, a copy of the application; |
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| 25 | 25 | | and |
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| 26 | 26 | | (2) may not issue the permit applied for before the |
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| 27 | 27 | | 31st day after the date the governing body receives the copy unless |
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| 28 | 28 | | the commission receives notice that the governing body has approved |
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| 29 | 29 | | the application. |
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| 30 | 30 | | (c) The commission may not issue a permit under Section |
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| 31 | 31 | | 382.0518, 382.05195, 382.05196, or 382.05198 or another provision |
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| 32 | 32 | | of this chapter for a concrete plant described by Subsection (a) if |
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| 33 | 33 | | the commission receives, before the 31st day after the date the |
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| 34 | 34 | | governing body receives the copy of the application from the |
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| 35 | 35 | | commission, notice that the governing body has rejected the |
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| 36 | 36 | | application. |
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| 37 | 37 | | SECTION 2. Section 382.051991, Health and Safety Code, as |
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| 38 | 38 | | added by this Act, applies only to an application for a permit that |
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| 39 | 39 | | is filed with the Texas Commission on Environmental Quality on or |
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| 40 | 40 | | after the effective date of this Act. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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