Texas 2025 - 89th Regular

Texas House Bill HB5151 Compare Versions

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1-89R24779 MP-D
2- By: Wilson, Troxclair H.B. No. 5151
3- Substitute the following for H.B. No. 5151:
4- By: Landgraf C.S.H.B. No. 5151
5-
6-
1+By: Wilson H.B. No. 5151
72
83
94 A BILL TO BE ENTITLED
105 AN ACT
11- relating to the issuance of or use of an air quality permit for a
12- facility that produces or crushes aggregates.
6+ relating to the prohibition of certain new mines, quarries, or rock
7+ crushing operations.
138 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14- SECTION 1. Subchapter C, Chapter 382, Health and Safety
15- Code, is amended by adding Section 382.070 to read as follows:
16- Sec. 382.070. PERMITS FOR CERTAIN FACILITIES THAT PRODUCE
17- OR CRUSH AGGREGATES. (a) This section applies only to a facility
18- used for the production or crushing of aggregates, as defined by
19- Section 28A.001, Water Code, that is proposed to be located within:
20- (1) four miles of a lake that:
21- (A) is owned or operated by a river authority;
22- and
23- (B) supports a national fish hatchery;
24- (2) four miles of an entrance to a state park that:
25- (A) is owned or operated by the Parks and
26- Wildlife Department; and
27- (B) contains a cavern dedicated as a National
28- Natural Landmark in 1971; and
29- (3) two miles of a youth camp:
30- (A) founded in 1975; and
31- (B) licensed by the Department of State Health
32- Services.
33- (b) The commission may not issue a permit or permit
34- amendment or authorize the use of a standard permit for a facility
35- described by Subsection (a).
36- (c) This section does not apply to a facility operating
37- under a permit issued or authorization to use a standard permit
38- granted on or before January 1, 2025.
9+ SECTION 1. Title 5, Subtitle C, Chapter 382, Health and
10+ Safety Code, is amended by adding Section 382.006 to Subchapter A to
11+ read as follows:
12+ 382.006 CERTAIN NEW MINES, QUARRIES, AND ROCK CRUSHING
13+ OPERATIONS PROHIBITED.
14+ (a) Notwithstanding any other law, mines, quarries, or rock
15+ crushing facilities are prohibited at any site that is located
16+ within:
17+ (1) four miles of a lake owned or operated by a Texas
18+ river authority, with a national fish hatchery;
19+ (2) four miles of the entrance of a state park operated
20+ by the Texas Parks and Wildlife Department with a cavern dedicated
21+ as a National Natural Landmark dedicated in 1971; and
22+ (3) two miles of a youth camp founded in 1975 and
23+ licensed by the Texas Department of State Health Services.
24+ (b) Subsection (a) does not apply to a site that was legally
25+ operating as a mine, quarry, or rock crushing facility on or before
26+ January 1, 2025.
3927 SECTION 2. This Act takes effect immediately if it receives
4028 a vote of two-thirds of all the members elected to each house, as
4129 provided by Section 39, Article III, Texas Constitution. If this
4230 Act does not receive the vote necessary for immediate effect, this
4331 Act takes effect September 1, 2025.