88R168 JXC-F
By: Thompson of Harris H.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of air quality permits for concrete plants
located in certain areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.051991 to read as follows:
Sec. 382.051991. MUNICIPAL OR COUNTY APPROVAL OF CERTAIN
CONCRETE PLANTS. (a) This section applies only to a permit
application for a concrete plant located or proposed to be located
in:
(1) an incorporated area of a municipality that has
not adopted zoning regulations and has a population of more than 2
million; or
(2) the unincorporated area of a county with a
population of more than 4.5 million.
(b) For each permit application described by Subsection
(a), the commission:
(1) shall send to the governing body of the
municipality or county, as applicable, a copy of the application;
and
(2) may not issue the permit applied for before the
31st day after the date the governing body receives the copy unless
the commission receives notice that the governing body has approved
the application.
(c) The commission may not issue a permit under Section
382.0518, 382.05195, 382.05196, or 382.05198 or another provision
of this chapter for a concrete plant described by Subsection (a) if
the commission receives, before the 31st day after the date the
governing body receives the copy of the application from the
commission, notice that the governing body has rejected the
application.
SECTION 2. Section 382.058(c), Health and Safety Code, is
amended to read as follows:
(c) For purposes of this section, the only [those] persons
who [actually residing in a permanent residence within 440 yards of
the proposed plant] may request a hearing under Section 382.056 as a
person who may be affected are:
(1) the municipality or county in which the proposed
plant will be located; and
(2) persons actually residing in a permanent residence
within 440 yards of the proposed plant.
SECTION 3. The changes in law made by this Act apply only to
an application for a permit that is submitted to the Texas
Commission on Environmental Quality on or after the effective date
of this Act. An application for a permit that was submitted to the
Texas Commission on Environmental Quality before the effective date
of this Act is governed by the law in effect at the time the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2023.