| 1 | 1 | | 88R3288 MP-F |
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| 2 | 2 | | By: Collier H.B. No. 406 |
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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 who may request a public hearing from the Texas |
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| 8 | 8 | | Commission on Environmental Quality related to the construction of |
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| 9 | 9 | | a concrete plant. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 382.058(c), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (c) For purposes of this section, only a representative of a |
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| 14 | 14 | | school, place of worship, licensed day-care center, hospital, or |
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| 15 | 15 | | medical facility or a person [those persons actually] residing [in |
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| 16 | 16 | | a permanent residence] within 880 [440] yards of the proposed plant |
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| 17 | 17 | | may request a hearing under Section 382.056 as a person who may be |
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| 18 | 18 | | affected. The commission shall adopt rules establishing who |
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| 19 | 19 | | qualifies as a representative of a school, place of worship, |
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| 20 | 20 | | licensed day-care center, hospital, or medical facility under this |
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| 21 | 21 | | section. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act applies only |
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| 23 | 23 | | to an application for a permit that is submitted to the Texas |
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| 24 | 24 | | Commission on Environmental Quality on or after the effective date |
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| 25 | 25 | | of this Act. An application for a permit that was submitted to the |
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| 26 | 26 | | Texas Commission on Environmental Quality before the effective date |
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| 27 | 27 | | of this Act is governed by the law in effect at the time the |
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| 28 | 28 | | application was filed, and the former law is continued in effect for |
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| 29 | 29 | | that purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2023. |
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