Texas House Bill HB5235

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to the permitting of certain concrete plants located in an area of a municipality not subject to zoning regulations.

Impact

The bill introduces a significant amendment to the Health and Safety Code relating to the permitting of concrete plants by defining conditions under which permits can be issued. With the implementation of HB5235, concrete plants existing in incorporated areas without zoning laws will have to adhere to a more stringent permitting process, which officials believe will enhance environmental oversight and management for these operations. The effective date of this bill is set for September 1, 2025, establishing a timeline for local governments and businesses to adjust to the new requirements.

Summary

House Bill 5235 addresses the permitting process for concrete plants operating within municipalities that lack zoning regulations. The legislation stipulates that the Texas Commission on Environmental Quality (TCEQ) is restricted from issuing certain permits for concrete plants located in non-zoned areas. Specifically, this bill applies to concrete plants that use wet batching, dry batching, or central mixing methods and aims to clarify the regulatory framework these operations must navigate.

Contention

In discussions surrounding HB5235, there may be concerns regarding the balance of local control versus state oversight. Proponents argue that this regulatory measure is essential for ensuring environmental protection in areas that currently lack sufficient regulatory frameworks to manage concrete plant emissions and operations. Conversely, opponents might express apprehension that state-imposed permitting could encroach on local autonomy, particularly in regions that prefer self-determination in land use and environmental standards.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 382. Clean Air Act
  • Section: New Section