Texas 2025 - 89th Regular

Texas House Bill HB1018 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Wilson H.B. No. 1018
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the establishment of a certification program for public
9	9	work contracting purposes for operators of certain facilities that
10	10	emit air contaminants.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 382, Health and Safety
13	13	Code, is amended by adding Section 382.069 to read as follows:
14	14	Sec. 382.069. BEST PRACTICES OPERATOR CERTIFICATION FOR
15	15	AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a)
16	16	The commission by rule shall establish a certification program for
17	17	operators of facilities that have been issued a permit or an
18	18	authorization to use a permit under this chapter for:
19	19	(1) the production of aggregates, as defined by
20	20	Section 28A.001, Water Code; or
21	21	(2) the operation of a concrete plant that performs
22	22	wet batching, dry batching, or central mixing.
23	23	(b) The commission shall adopt best management practices
24	24	for operators of facilities described by Subsection (a), including
25	25	practices for air quality monitoring, water use, and blasting at
26	26	facilities.
27	27	(c) If the commission inspects a facility when determining
28	28	whether to grant or renew a permit or authorization to use a permit
29	29	for the facility under this chapter, the commission shall inspect
30	30	practices at the facility at that time for compliance with the best
31	31	management practices adopted under this section. The commission
32	32	shall:
33	33	(1) certify the operator of the facility under this
34	34	section as a best practices operator if the commission determines
35	35	that the operator has complied with the best management practices
36	36	in the operation of the facility; or
37	37	(2) notify the operator of the facility that the
38	38	facility cannot be certified at that time if the commission
39	39	determines that the operator has not complied with the best
40	40	management practices in the operation of the facility.
41	41	(d) If the commission determines that an operator certified
42	42	under this section is not complying with the best management
43	43	practices in the operation of a facility that was the basis of the
44	44	certification, the commission shall:
45	45	(1) notify the operator; and
46	46	(2) revoke the certification if the operator does not
47	47	comply with the best management practices at the facility before
48	48	the 90th day after the date of the notification.
49	49	(e) At the request of the operator of the facility, the
50	50	commission shall reinspect a facility for potential:
51	51	(1) certification after an initial inspection if the
52	52	commission finds at the initial inspection that the operator is not
53	53	eligible for certification; or
54	54	(2) recertification after the revocation of the
55	55	certification under Subsection (d).
56	56	(f) The commission may not impose a penalty under this
57	57	chapter or Chapter 7, Water Code, for a violation of a best
58	58	management practice adopted under this section.
59	59	SECTION 2. Subchapter B, Chapter 2269, Government Code, is
60	60	amended by adding Section 2269.061 to read as follows:
61	61	Sec. 2269.061. REQUIRED STATEMENT FOR BIDS AND PROPOSALS
62	62	INVOLVING AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH
63	63	PLANTS. (a) This section applies only to a public work contract
64	64	requiring goods or services of an operator of a facility that has
65	65	been issued a permit or an authorization to use a permit under
66	66	Chapter 382, Health and Safety Code, for:
67	67	(1) the production of aggregates, as defined by
68	68	Section 28A.001, Water Code; or
69	69	(2) the operation of a concrete plant that performs
70	70	wet batching, dry batching, or central mixing.
71	71	(b) A person who submits a bid or proposal under this
72	72	chapter for a public work contract to which this section applies
73	73	shall include in the bid or proposal a statement that any operator
74	74	of a facility described by Subsection (a) supplying goods or
75	75	services under the contract will hold a certification under Section
76	76	382.069, Health and Safety Code.
77	77	SECTION 3. Section 2269.061, Government Code, as added by
78	78	this Act, applies only to a contract for which a governmental entity
79	79	first advertises or otherwise solicits bids or proposals on or
80	80	after September 1, 2028.
81	81	SECTION 4. This Act takes effect September 1, 2025.