| 1 | 1 | | 88R2302 LRM-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 124 |
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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 permitting of certain concrete plants located in an |
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| 8 | 8 | | area of a municipality not subject to zoning regulations. |
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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. PERMIT FOR CERTAIN CONCRETE PLANTS NOT |
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| 13 | 13 | | SUBJECT TO MUNICIPAL ZONING. (a) This section applies only to a |
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| 14 | 14 | | permanent concrete plant that performs wet batching, dry batching, |
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| 15 | 15 | | or central mixing. |
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| 16 | 16 | | (b) The commission may not issue or authorize the use of a |
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| 17 | 17 | | permit under Section 382.0518, 382.05195, or 382.05196 for the |
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| 18 | 18 | | operation of a permanent concrete plant located in an incorporated |
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| 19 | 19 | | area of a municipality that is not subject to zoning regulations. |
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| 20 | 20 | | (c) The commission may authorize the use of a standard |
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| 21 | 21 | | permit issued under Section 382.05198 for the operation of a |
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| 22 | 22 | | permanent concrete plant described by Subsection (b). |
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| 23 | 23 | | (d) Notwithstanding Section 382.05199, an applicant for an |
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| 24 | 24 | | authorization described by Subsection (c) must comply with Section |
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| 25 | 25 | | 382.056 before the commission may authorize the use of the standard |
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| 26 | 26 | | permit by the applicant. |
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| 27 | 27 | | SECTION 2. The heading to Section 382.05199, Health and |
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| 28 | 28 | | Safety Code, is amended to read as follows: |
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| 29 | 29 | | Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE |
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| 30 | 30 | | [BATCH] PLANTS: NOTICE AND HEARING. |
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| 31 | 31 | | SECTION 3. Section 382.051991, Health and Safety Code, as |
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| 32 | 32 | | added by this Act, applies only to a permit or authorization the |
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| 33 | 33 | | application for which is filed with the Texas Commission on |
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| 34 | 34 | | Environmental Quality on or after the effective date of this Act. A |
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| 35 | 35 | | permit or authorization the application for which is filed before |
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| 36 | 36 | | the effective date of this Act is governed by the law in effect on |
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| 37 | 37 | | the date of filing, and that law is continued in effect for that |
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| 38 | 38 | | purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2023. |
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