| 1 | 1 | | 88R168 JXC-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 137 |
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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 has |
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| 17 | 17 | | not adopted zoning regulations and has 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 382.058(c), Health and Safety Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (c) For purposes of this section, the only [those] persons |
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| 40 | 40 | | who [actually residing in a permanent residence within 440 yards of |
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| 41 | 41 | | the proposed plant] may request a hearing under Section 382.056 as a |
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| 42 | 42 | | person who may be affected are: |
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| 43 | 43 | | (1) the municipality or county in which the proposed |
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| 44 | 44 | | plant will be located; and |
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| 45 | 45 | | (2) persons actually residing in a permanent residence |
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| 46 | 46 | | within 440 yards of the proposed plant. |
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| 47 | 47 | | SECTION 3. The changes in law made by this Act apply only to |
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| 48 | 48 | | an application for a permit that is submitted to the Texas |
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| 49 | 49 | | Commission on Environmental Quality on or after the effective date |
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| 50 | 50 | | of this Act. An application for a permit that was submitted to the |
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| 51 | 51 | | Texas Commission on Environmental Quality before the effective date |
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| 52 | 52 | | of this Act is governed by the law in effect at the time the |
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| 53 | 53 | | application was filed, and the former law is continued in effect for |
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| 54 | 54 | | that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2023. |
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