| 1 | 1 | | 88R1173 JXC-D |
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| 2 | 2 | | By: Walle H.B. No. 758 |
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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 deadline to request a contested case hearing on an |
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| 8 | 8 | | authorization to use a standard permit for a concrete plant. |
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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. Section 382.058, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Subsection (e) to read as follows: |
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| 12 | 12 | | (e) This subsection applies only to a request that the |
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| 13 | 13 | | commission hold a contested case hearing on an authorization to use |
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| 14 | 14 | | a standard permit issued under Section 382.05195 for a concrete |
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| 15 | 15 | | plant that performs wet batching, dry batching, or central mixing. |
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| 16 | 16 | | Notwithstanding Section 5.556, Water Code, the commission must |
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| 17 | 17 | | allow the filing of the request at any time during the public |
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| 18 | 18 | | comment period on the authorization, including during any extension |
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| 19 | 19 | | of the public comment period for public meetings. |
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| 20 | 20 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 21 | 21 | | shall adopt rules to implement the changes in law made by this Act |
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| 22 | 22 | | not later than December 31, 2023. |
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| 23 | 23 | | SECTION 3. The changes in law made by this Act apply only to |
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| 24 | 24 | | an application for an authorization to use a standard permit that is |
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| 25 | 25 | | submitted to the Texas Commission on Environmental Quality on or |
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| 26 | 26 | | after December 31, 2023. An application that was submitted to the |
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| 27 | 27 | | Texas Commission on Environmental Quality before that date is |
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| 28 | 28 | | governed by the law in effect at the time the application was filed, |
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| 29 | 29 | | and the former law is continued in effect for that purpose. |
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| 30 | 30 | | SECTION 4. This Act takes effect September 1, 2023. |
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