| 1 | 1 | | 89R5517 KRM-D |
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| 2 | 2 | | By: Thompson H.B. No. 1823 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the operation of a concrete crushing facility near a |
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| 10 | 10 | | hospital. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 382.065(a) and (b), Health and Safety |
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| 13 | 13 | | Code, are amended to read as follows: |
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| 14 | 14 | | (a) The commission by rule shall prohibit the operation of a |
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| 15 | 15 | | concrete crushing facility within 440 yards of a building in use as |
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| 16 | 16 | | a single or multifamily residence, school, hospital, or place of |
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| 17 | 17 | | worship at the time the application for a permit to operate the |
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| 18 | 18 | | facility at a site near the residence, school, hospital, or place of |
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| 19 | 19 | | worship is filed with the commission. The measurement of distance |
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| 20 | 20 | | for purposes of this subsection shall be taken from the point on the |
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| 21 | 21 | | concrete crushing facility that is nearest to the residence, |
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| 22 | 22 | | school, hospital, or place of worship toward the point on the |
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| 23 | 23 | | residence, school, hospital, or place of worship that is nearest |
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| 24 | 24 | | the concrete crushing facility. |
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| 25 | 25 | | (b) Subsection (a) does not apply to a concrete crushing |
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| 26 | 26 | | facility: |
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| 27 | 27 | | (1) at a location for which commission authorization |
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| 28 | 28 | | for the operation of a concrete crushing facility was in effect on |
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| 29 | 29 | | September 1, 2001; |
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| 30 | 30 | | (2) at a location that satisfies the distance |
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| 31 | 31 | | requirements of Subsection (a) at the time the application for the |
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| 32 | 32 | | initial authorization for the operation of that facility at that |
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| 33 | 33 | | location is filed with the commission, provided that the |
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| 34 | 34 | | authorization is granted and maintained, regardless of whether a |
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| 35 | 35 | | single or multifamily residence, school, hospital, or place of |
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| 36 | 36 | | worship is subsequently built or put to use within 440 yards of the |
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| 37 | 37 | | facility; or |
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| 38 | 38 | | (3) that: |
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| 39 | 39 | | (A) uses a concrete crusher: |
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| 40 | 40 | | (i) in the manufacture of products that |
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| 41 | 41 | | contain recycled materials; and |
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| 42 | 42 | | (ii) that is located in an enclosed |
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| 43 | 43 | | building; and |
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| 44 | 44 | | (B) is located: |
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| 45 | 45 | | (i) within 25 miles of an international |
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| 46 | 46 | | border; and |
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| 47 | 47 | | (ii) in a municipality with a population of |
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| 48 | 48 | | not less than 6,100 but not more than 20,000. |
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| 49 | 49 | | SECTION 2. Section 382.065, Health and Safety Code, as |
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| 50 | 50 | | amended by this Act, applies only to an application for a permit or |
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| 51 | 51 | | authorization to use a permit to operate a concrete crushing |
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| 52 | 52 | | facility that is filed on or after the effective date of this Act. |
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| 53 | 53 | | An application for a permit or authorization to use a permit filed |
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| 54 | 54 | | before the effective date of this Act is governed by the law in |
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| 55 | 55 | | effect on the date of filing, and that law is continued in effect |
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| 56 | 56 | | for that purpose. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2025. |
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