Texas 2023 - 88th Regular

Texas House Bill HB1387 Compare Versions

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11 88R5982 JXC-D
22 By: Walle H.B. No. 1387
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the persons entitled to request a public hearing from
88 the Texas Commission on Environmental Quality related to the
99 construction of a concrete plant.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 382.058(c), Health and Safety Code, is
1212 amended to read as follows:
1313 (c) For purposes of this section, only a representative of a
1414 school, place of worship, licensed day-care center, hospital, or
1515 medical facility or a person [those persons actually] residing [in
1616 a permanent residence] within 440 yards of the proposed plant may
1717 request a hearing under Section 382.056 as a person who may be
1818 affected. The commission shall adopt rules establishing who
1919 qualifies as a representative of a school, place of worship,
2020 licensed day-care center, hospital, or medical facility under this
2121 section.
2222 SECTION 2. The change in law made by this Act applies only
2323 to an application for an authorization to use a permit that is
2424 submitted to the Texas Commission on Environmental Quality on or
2525 after the effective date of this Act. An application for an
2626 authorization to use a permit that was submitted to the Texas
2727 Commission on Environmental Quality before the effective date of
2828 this Act is governed by the law in effect at the time the
2929 application was filed, and the former law is continued in effect for
3030 that purpose.
3131 SECTION 3. This Act takes effect immediately if it receives
3232 a vote of two-thirds of all the members elected to each house, as
3333 provided by Section 39, Article III, Texas Constitution. If this
3434 Act does not receive the vote necessary for immediate effect, this
3535 Act takes effect September 1, 2023.