| 1 | 1 | | 89R11955 KRM-D |
|---|
| 2 | 2 | | By: Ward Johnson H.B. No. 3338 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the permitting of certain concrete plants located in an |
|---|
| 10 | 10 | | area of a municipality not subject to zoning regulations. |
|---|
| 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 382.051991 to read as follows: |
|---|
| 14 | 14 | | Sec. 382.051991. PERMIT FOR CERTAIN CONCRETE PLANTS NOT |
|---|
| 15 | 15 | | SUBJECT TO MUNICIPAL ZONING. (a) This section applies only to a |
|---|
| 16 | 16 | | concrete plant that performs wet batching, dry batching, or central |
|---|
| 17 | 17 | | mixing. |
|---|
| 18 | 18 | | (b) The commission may not issue or authorize the use of a |
|---|
| 19 | 19 | | permit under Section 382.0518, 382.05195, 382.05196, 382.05198, or |
|---|
| 20 | 20 | | 382.051985 for the operation of a concrete plant located: |
|---|
| 21 | 21 | | (1) in an area of a municipality that is not subject to |
|---|
| 22 | 22 | | zoning regulations; and |
|---|
| 23 | 23 | | (2) within five miles of a school, licensed day-care |
|---|
| 24 | 24 | | center, or hospital. |
|---|
| 25 | 25 | | SECTION 2. Section 382.051991, Health and Safety Code, as |
|---|
| 26 | 26 | | added by this Act, applies only to a permit or authorization the |
|---|
| 27 | 27 | | application for which is filed with the Texas Commission on |
|---|
| 28 | 28 | | Environmental Quality on or after the effective date of this Act. A |
|---|
| 29 | 29 | | permit or authorization the application for which is filed before |
|---|
| 30 | 30 | | the effective date of this Act is governed by the law in effect on |
|---|
| 31 | 31 | | the date of filing, and that law is continued in effect for that |
|---|
| 32 | 32 | | purpose. |
|---|
| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|