| 1 | 1 | | 88R1172 JXC-D |
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| 2 | 2 | | By: Alvarado S.B. No. 816 |
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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 a motion to overturn an executive director decision on |
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| 8 | 8 | | an authorization to use a standard permit for certain concrete |
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| 9 | 9 | | plants. |
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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. The heading to Section 382.05199, Health and |
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| 12 | 12 | | Safety Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 382.05199. STANDARD PERMIT FOR CERTAIN CONCRETE BATCH |
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| 14 | 14 | | PLANTS: PROCEDURAL PROVISIONS [NOTICE AND HEARING]. |
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| 15 | 15 | | SECTION 2. Section 382.05199, Health and Safety Code, is |
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| 16 | 16 | | amended by adding Subsection (j) to read as follows: |
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| 17 | 17 | | (j) A person may file with the commission a motion to |
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| 18 | 18 | | overturn as described by commission rule to challenge an executive |
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| 19 | 19 | | director's final decision on an authorization to use a standard |
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| 20 | 20 | | permit under Section 382.05198. |
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| 21 | 21 | | SECTION 3. The heading to Section 382.058, Health and |
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| 22 | 22 | | Safety Code, is amended to read as follows: |
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| 23 | 23 | | Sec. 382.058. CERTAIN PROCEDURAL PROVISIONS FOR [NOTICE OF |
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| 24 | 24 | | AND HEARING ON] CONSTRUCTION OF CONCRETE PLANT UNDER PERMIT BY |
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| 25 | 25 | | RULE, STANDARD PERMIT, OR EXEMPTION. |
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| 26 | 26 | | SECTION 4. Section 382.058, Health and Safety Code, is |
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| 27 | 27 | | amended by adding Subsection (e) to read as follows: |
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| 28 | 28 | | (e) A person may file with the commission a motion to |
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| 29 | 29 | | overturn as described by commission rule to challenge an executive |
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| 30 | 30 | | director's final decision on an authorization to use a standard |
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| 31 | 31 | | permit issued under Section 382.05195 for a concrete plant that |
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| 32 | 32 | | performs wet batching, dry batching, or central mixing. |
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| 33 | 33 | | SECTION 5. The Texas Commission on Environmental Quality |
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| 34 | 34 | | shall adopt rules to implement the changes in law made by this Act |
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| 35 | 35 | | not later than December 31, 2023. |
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| 36 | 36 | | SECTION 6. The changes in law made by this Act apply only to |
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| 37 | 37 | | an application for an authorization to use a standard permit that is |
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| 38 | 38 | | submitted to the Texas Commission on Environmental Quality on or |
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| 39 | 39 | | after December 31, 2023. An application that was submitted to the |
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| 40 | 40 | | Texas Commission on Environmental Quality before that date is |
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| 41 | 41 | | governed by the law in effect at the time the application was |
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| 42 | 42 | | submitted, and the former law is continued in effect for that |
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| 43 | 43 | | purpose. |
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| 44 | 44 | | SECTION 7. This Act takes effect September 1, 2023. |
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