Texas 2023 88th Regular

Texas House Bill HB344 Introduced / Bill

Filed 11/14/2022

                    88R1955 MP-F
 By: J. Johnson of Harris H.B. No. 344


 A BILL TO BE ENTITLED
 AN ACT
 relating to the requirements for notice of a standard permit for
 certain concrete plants.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 382.05199, Health and Safety Code, is
 amended by adding Subsection (c-1) and amending Subsection (d) to
 read as follows:
 (c-1)  If the proposed permanent concrete plant would be
 located in a municipality with a population of 1.9 million or more,
 the applicant must mail written notice to each household within 440
 yards of the proposed plant not later than the earlier of:
 (1)  the 30th day after the date the applicant receives
 written notice from the executive director that the application is
 technically complete; or
 (2)  the 75th day after the date the executive director
 receives the application.
 (d)  The notice under Subsections (c) and (c-1) must include:
 (1)  a brief description of the proposed location and
 nature of the proposed plant;
 (2)  a description, including a telephone number, of
 the manner in which the executive director may be contacted for
 further information;
 (3)  a description, including a telephone number, of
 the manner in which the applicant may be contacted for further
 information;
 (4)  the location and hours of operation of the
 commission's regional office at which a copy of the application is
 available for review and copying; and
 (5)  a brief description of the public comment process,
 including the time and location of the public hearing, and the
 mailing address and deadline for filing written comments.
 SECTION 2.  Section 382.058, Health and Safety Code, is
 amended by adding Subsection (e) to read as follows:
 (e)  In addition to the notice required under Subsection (a),
 an applicant for a permit, permit amendment, or permit renewal of a
 permanent concrete plant that would be or is located in a
 municipality with a population of 1.9 million or more shall mail
 written notice to each household within 440 yards of the proposed or
 existing plant not later than the earlier of:
 (1)  the 30th day after the date the applicant receives
 written notice from the executive director that the application is
 technically complete; or
 (2)  the 75th day after the date the executive director
 receives the application.
 SECTION 3.  Sections 382.05199 and 382.058, Health and
 Safety Code, as amended by this Act, apply only to an application
 for a permit that is filed with the Texas Commission on
 Environmental Quality on or after the effective date of this Act.
 An application for a permit filed before the effective date of this
 Act is governed by the law in effect on the date of filing, and that
 law is continued in effect for that purpose.
 SECTION 4.  This Act takes effect September 1, 2023.