89R5517 KRM-D
By: Thompson H.B. No. 1823
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a concrete crushing facility near a
hospital.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 382.065(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The commission by rule shall prohibit the operation of a
concrete crushing facility within 440 yards of a building in use as
a single or multifamily residence, school, hospital, or place of
worship at the time the application for a permit to operate the
facility at a site near the residence, school, hospital, or place of
worship is filed with the commission. The measurement of distance
for purposes of this subsection shall be taken from the point on the
concrete crushing facility that is nearest to the residence,
school, hospital, or place of worship toward the point on the
residence, school, hospital, or place of worship that is nearest
the concrete crushing facility.
(b) Subsection (a) does not apply to a concrete crushing
facility:
(1) at a location for which commission authorization
for the operation of a concrete crushing facility was in effect on
September 1, 2001;
(2) at a location that satisfies the distance
requirements of Subsection (a) at the time the application for the
initial authorization for the operation of that facility at that
location is filed with the commission, provided that the
authorization is granted and maintained, regardless of whether a
single or multifamily residence, school, hospital, or place of
worship is subsequently built or put to use within 440 yards of the
facility; or
(3) that:
(A) uses a concrete crusher:
(i) in the manufacture of products that
contain recycled materials; and
(ii) that is located in an enclosed
building; and
(B) is located:
(i) within 25 miles of an international
border; and
(ii) in a municipality with a population of
not less than 6,100 but not more than 20,000.
SECTION 2. Section 382.065, Health and Safety Code, as
amended by this Act, applies only to an application for a permit or
authorization to use a permit to operate a concrete crushing
facility that is filed on or after the effective date of this Act.
An application for a permit or authorization to use a permit filed
before the effective date of this Act is governed by the law in
effect on the date of filing, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2025.