| 1 | 1 | | 88R2565 MP-F |
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| 2 | 2 | | By: Dutton H.B. No. 926 |
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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 persons entitled to request a public hearing from |
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| 8 | 8 | | the Texas Commission on Environmental Quality related to the |
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| 9 | 9 | | construction of 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) In this subsection, "representative" means a person in a |
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| 14 | 14 | | decision-making capacity with fiduciary responsibility, or that |
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| 15 | 15 | | person's designee. For purposes of this section, only a |
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| 16 | 16 | | representative of a school, place of worship, licensed day-care |
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| 17 | 17 | | center, hospital, or medical facility located within 440 yards of |
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| 18 | 18 | | the proposed plant or a person [those persons actually] residing |
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| 19 | 19 | | [in a permanent residence] within 440 yards of the proposed plant |
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| 20 | 20 | | may request a hearing under Section 382.056 as a person who may be |
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| 21 | 21 | | affected. |
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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 an authorization to use a permit that is |
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| 24 | 24 | | submitted to the Texas Commission on Environmental Quality on or |
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| 25 | 25 | | after the effective date of this Act. An application for an |
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| 26 | 26 | | authorization to use a permit that was submitted to the Texas |
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| 27 | 27 | | Commission on Environmental Quality before the effective date of |
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| 28 | 28 | | this Act is governed by the law in effect at the time the |
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| 29 | 29 | | application was filed, and the former law is continued in effect for |
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| 30 | 30 | | that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2023. |
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