88R1172 JXC-D
By: Walle H.B. No. 759
A BILL TO BE ENTITLED
AN ACT
relating to a motion to overturn an executive director decision on
an authorization to use a standard permit for certain concrete
plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 382.05199, Health and
Safety Code, is amended to read as follows:
Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH
PLANTS: PROCEDURAL PROVISIONS [NOTICE AND HEARING].
SECTION 2. Section 382.05199, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) A person may file with the commission a motion to
overturn as described by commission rule to challenge an executive
director's final decision on an authorization to use a standard
permit under Section 382.05198.
SECTION 3. The heading to Section 382.058, Health and
Safety Code, is amended to read as follows:
Sec. 382.058. CERTAIN PROCEDURAL PROVISIONS FOR [NOTICE OF
AND HEARING ON] CONSTRUCTION OF CONCRETE PLANT UNDER PERMIT BY
RULE, STANDARD PERMIT, OR EXEMPTION.
SECTION 4. Section 382.058, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A person may file with the commission a motion to
overturn as described by commission rule to challenge an executive
director's final decision on an authorization to use a standard
permit issued under Section 382.05195 for a concrete plant that
performs wet batching, dry batching, or central mixing.
SECTION 5. The Texas Commission on Environmental Quality
shall adopt rules to implement the changes in law made by this Act
not later than December 31, 2023.
SECTION 6. The changes in law made by this Act apply only to
an application for an authorization to use a standard permit that is
submitted to the Texas Commission on Environmental Quality on or
after December 31, 2023. An application that was submitted to the
Texas Commission on Environmental Quality before that date is
governed by the law in effect at the time the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2023.